Agnelli v. Tonegatti

Judgment unanimously reversed and vacated, on the law, the facts and in the exercise of discretion, and a new trial ordered, with costs to abide the event. The complaint is confusing and unnecessarily diffuse, and affords some justification for defendant’s contention that it pleads a statutory cause of action based upon the Workmen’s Compensation Law. It also alleges, however, a common-law cause of action based on negligence. Reading the complaint in conjunction with the bill of particulars, it is evident that defendant was not surprised or misled, and adequately apprised of the nature of…