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KAUFMAN v. FARAH

303 N.Y. 819 (1952)

Bernard Kaufman, Appellant, v. Albert Farah, Respondent.

Court of Appeals of the State of New York.

Decided January 24, 1952

Attorney(s) appearing for the Case

Bernard Kaufman, in person, and Theodore Garfiel for Bernard Kaufman, appellant.

Edward Friedman, John J. Sullivan, Eugene J. Finnegan and Gabriel E. Torre for respondent.

LEWIS, CONWAY, DYE, FULD and FROESSEL, JJ., concur in Per Curiam opinion. Dissent: LOUGHRAN, Ch. J., and DESMOND, J.

Per Curiam.

We agree with the Appellate Division that the complaint is legally insufficient (Civ. Prac. Act, § 241; Kalmanash v. Smith, 291 N.Y. 142, 153; Naumer v. Gray, 28 App. Div. 529; Steuer v. Hart, 175 App. Div. 829; see, also, Lanyon's Detective Agency v. Cochrane, 240 N.Y. 274, 277), with the modification, however, that appellant be given ten days to plead over. The judgment...

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