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KELLY v. CITY OF NEW YORK

276 A.D. 540 (1950)

John M. Kelly, Respondent, v. City of New York et al., Defendants, and William F. Morgan, Jr., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1950.

Attorney(s) appearing for the Case

Edward F. X. Ryan for respondent.

B. Hoffman Miller of counsel (Nathaniel Phillips, attorney), for appellant.

PECK, P. J., VAN VOORHIS and SHIENTAG, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to affirm in opinion in which COHN, J., concurs.

Per Curiam.

It is not clear from the complaint whether a single cause of action for fraud is intended to be stated or whether there is a claim for fraud in inducing plaintiff to discontinue his action for false arrest in 1937, in addition to the claim of fraud in connection with plaintiff's dismissal from his position in the department of markets in 1934. Viewed from either...

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