Silver's Lunch Stores, Inc. v. United Electric Light & Power Co.
Appellate Terms of the Supreme Court of New York
1Per curiam
If plaintiff relies upon an actual promise or undertaking by defendant, it should plead the facts plainly and concisely, and eliminate from the cause of action all reference to duties supposed to be imposed by law.
*555Order modified by granting leave to plaintiff to serve an amended complaint within six days after service of order entered hereon, and, as modified, affirmed, with disbursements to plaintiff. Upon service of amended complaint, judgment vacated; and, in default of service of such amended pleading, judgment affirmed, with costs.
Lydon and Frankenthaler, JJ., concur; Levy, J., dissents.
2Cited by2 opinions
- Lee v. Consolidated Edison Co.Civil Court of the City of New York · 1978
- Ipco Hospital Supply Corp. v. Consolidated Edison Co.New York Supreme Court · 1979