Kaufman v. Sweigard

Order entered on September 19, 1966, granting defendant Guilden’s motion to dismiss the third and fourth causes of action contained in the complaint herein for legal insufficiency, unanimously reversed, on the law and on the facts, with $50 costs and disbursements to appellant, and motion denied. “ We are not unmindful of the fact that this complaint is not artfully pleaded 5 * *. However, if 1 in any aspect upon the facts stated [the plaintiff is] entitled to recovery’ (Abrams v. Allen, 297 N. Y. 52, 54); a motion to dismiss for insufficiency must be denied [citing case] ” (Kaminsky v. Kahn,…