Rager v. Lefkowitz

This is an appeal from an order dismissing the amended complaint for insufficiency and the judgment thereon. On a motion addressed to the sufficiency of a pleading we may give effect to undisputed facts. (CPLR 3211.)

The first cause of action alleges a trespass on January 21, 1963 by one Hogan “ under the employment of the defendant ”; the second cause of action is for intentional misconduct by agents of defendant in the service of legal papers causing fright and illness to plaintiff’s wife and secretary and interfering with the performance and enjoyment of their work; the third cause of…