Wegman v. Dairylea Cooperative, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Moule, J. P.
The questions presented on this appeal concern the legal sufficiency of plaintiff’s amended complaint, specifically with respect to six of his seven causes of action as well as the validity of an order directing plaintiff to strike certain allegations in his first cause of action as scandalous and prejudicial.
Since this appeal is from a motion to test the legal sufficiency of the complaint, all of the allegations contained in that complaint are deemed to be true. The question is not whether a cause of action can be proved but whether one has been stated and, in determining that…
2Cases cited19 opinions
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Williams v. WilliamsNew York Court of Appeals · 1969
- North Shore Bottling Co. v. C. Schmidt & Sons, Inc.New York Court of Appeals · 1968
- Adams v. . GilligNew York Court of Appeals · 1910
- Felsen v. Sol Cafe Manufacturing Corp.New York Court of Appeals · 1969
14 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.District Court, S.D. New York · 2011
- Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet IncorporatedCourt of Appeals for the Second Circuit · 1980
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Alexander M. Hargrave and Long Island Vineyards, Inc., a New York Corporation v. Oki Nursery, Inc., a California CorporationCourt of Appeals for the Second Circuit · 1980
- Kubin v. MillerDistrict Court, S.D. New York · 1992
119 more not listed; retrieve them via the Exa API.