Post v. Blazewitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Post, from an order of the City Court of Yonkers, entered in the office of the clerk of said court on the 5th day of December, 1896, requiring the plaintiff to make his complaint more definite and certain.
1Opinion of the Court
Willard Bartlett, J.:
This action was brought to recover $112.50 for the use and occupation of certain premises in the city of Yonkers.
The complaint alleged that between July 1,1893, and February 1, 1896, the defendant “ occupied certain premises in the city of Yon-hers, owned by the plaintiff, under and in pursuance of an agreement made between said plaintiff and said defendant, whereby said defendant agreed to pay therefor the sum of $313, but has paid no part thereof, except the sum of $200.50.”
This allegation was in some respects plainly so indefinite or uncertain that the precise meaning…
2Cases cited1 opinion
- Waters v. ClarkNew York Supreme Court · 1861
3Cited by5 opinions
- Loew v. Interlake Iron Corp.Appellate Division of the Supreme Court of the State of New York · 1946
- Mulinos v. WalkoffAppellate Terms of the Supreme Court of New York · 1916
- Bonta Hotel Co. v. BenedictAppellate Terms of the Supreme Court of New York · 1912
- Copperman v. LabanskyNew York Supreme Court · 1958
- McDonald v. GreenNew York Supreme Court · 1899