Breisacher v. McAuley
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Dorothea E. Breisacher against Michael J. McAuley. From a City Court order, allowing service of an amended complaint without terms, defendant appeals.
1Opinion of the CourtGuy, J.
Action against defendant, a police officer, for trespass and advising plaintiff’s tenants to remove from plaintiff’s building. The defendant answered, denying all trespass or defamation. The *138amended complaint added allegations of express malice,' characterizations of the alleged defamatory matter, and allegations of special damages.
The substitution of a new attorney for the plaintiff lends some support to the plaintiff’s claim that her former attorney did not question her with sufficient particularity when he drew the original complaint. There is, however, evidence of loches and neglect to…
2Cases cited3 opinions
- Bruns v. Brooklyn CitizenAppellate Division of the Supreme Court of the State of New York · 1904
- Kerrigan v. PetersAppellate Division of the Supreme Court of the State of New York · 1905
- Rosenberg v. FeieringAppellate Division of the Supreme Court of the State of New York · 1908