Legal Opinion

Rager v. McCloskey

New York Court of Appeals

Decided February 26, 1953PublishedCited by 100 opinions

1Opinion of the CourtFuld, J.

We are here concerned solely with the legal sufficiency of a pleading, plaintiff’s second amended complaint. The first amended complaint, setting forth ten separately stated *78causes of action, was previously held insufficient, by the court at Special Term and by the Appellate Division, as to all but one cause of action and dismissed, with leave to serve a further amended complaint. In his second amended complaint, plaintiff realleges substantially the same facts as were earlier set forth, although in the form of a single cause of action.

Plaintiff and defendant Palmieri are attorneys who…

2Cases cited19 opinions

  1. Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
  2. Hornstein v. PodwitzNew York Court of Appeals · 1930
  3. Advance Music Corp. v. American Tobacco Co.New York Court of Appeals · 1946
  4. Sanderson v. . CaldwellNew York Court of Appeals · 1871
  5. Opera on Tour, Inc. v. WeberNew York Court of Appeals · 1941

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3Cited by100 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Martin v. City of CohoesNew York Court of Appeals · 1975
  3. Morrison v. National Broadcasting Co.New York Court of Appeals · 1967
  4. Nader v. General Motors Corp.New York Court of Appeals · 1970
  5. Telaro v. TelaroNew York Court of Appeals · 1969

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