Nicholson v. Close

Under the fair intendment rule we are of opinion that" there are sufficient allegations of ultimate facts contained in paragraphs eleventh and sixteenth of the complaint upon which to ■ predicate a cause of action against some one. However, the plaintiff by the use of the words “ some or all of them ” has made the *489complaint so indefinite that none of the defendants is charged with any particular wrongdoing. This form of pleading was specifically condemned in Gundlach v. Consolidated Gas Co., Inc. (Callahan, J., below; affd., 257 App. Div. 930). (See, also, Gerdes v. Reynolds, 281 N. Y. 180,…