Legal Opinion
Solazzo v. Occhino
New York Supreme Court
Decided January 28, 1957PublishedCited by 3 opinions
1Opinion of the CourtFrank Del Vecchio, J.
Each of the defendants in the above-entitled actions moves to dismiss the complaint therein upon the ground that it does not state facts sufficient to constitute a cause of action. The motions are directed to the pleading as a whole, although each complaint alleges two causes of action — the first for breach of warranty and the second for negligence.
When a motion to dismiss for legal insufficiency is addressed to the entire complaint and not to each cause of action therein, it must be denied if any one of such causes of action is sufficient. (Imperatrice v. Imperatrice, 298 N. Y. 549; Kaufman…
2Cases cited17 opinions
- Campo v. ScofieldNew York Court of Appeals · 1950
- Latham v. Father DivineNew York Court of Appeals · 1949
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Chysky v. . Drake Brothers Co.New York Court of Appeals · 1923
- Garvin v. GarvinNew York Court of Appeals · 1953
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3Cited by3 opinions
- Braun v. Roux Distributing CompanySupreme Court of Missouri · 1958
- Foremost-McKesson Corp. v. Allied Chemical Co.Court of Appeals of Arizona · 1983
- Harris v. International Harvester Co.New York Supreme Court · 1984