Becker v. Burkes

Appeal from an order granting defendants’ motion to dismiss the amended complaint upon the ground that neither of the causes therein alleged states a cause of action, one being for money deposited by plaintiff with one or more or all of the defendants, and the other being for damages for breach of a contract of employment. The use of the form of expression “ and/or ” leads to confusion in understanding the allegations of the complaint. It is obnoxious to the concise pleading which is required by the Civil Practice Act (§ 241). However, upon an analysis of the allegations, it appears that two…