Veit v. McCauslan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Veit, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 25th day of January, 1913, upon the dismissal of the complaint by direction of the court upon the opening on a trial at . the Kings County Trial Term.
1Opinion of the Court
Jenks, P. J.:
This appeal is from a judgment entered upon the dismissal of the complaint at Trial Term upon, a motion that neither cause of action alleged therein contains facts sufficient to constitute a cause of action. The learned counsel for the appellant states in his printed brief that the second separate cause of action “was abandoned by the plaintiff, and no judicial interpretation thereof was prayed for at the time of the trial.”
*336The question presented is one of pleading. (Coppola v. Kraushaar, 102 App. Div. 306; Staiger v. Klitz, 129 id. 703.) The plaintiff complains in his first…
2Cases cited5 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1891
- Rickert v. SynderNew York Supreme Court · 1832
- Woolley v. . NewcombeNew York Court of Appeals · 1882
- Coppola v. KraushaarAppellate Division of the Supreme Court of the State of New York · 1905
- People v. MillerNew York Court of Appeals · 1985
3Cited by2 opinions
- Hilliker v. . RuegerNew York Court of Appeals · 1920
- Hilliker v. RuegerAppellate Division of the Supreme Court of the State of New York · 1914