Shapolsky v. Shapolsky

This is an appeal from an order of Special Term denying defendants’ motion to dismiss the complaint for insufficiency or, in the alternative, to compel the separate stating and numbering of the causes of action. We conclude that the order should be reversed and the complaint dismissed.

CPLR 3013 is less exacting in its requirements for pleading than was section 241 of the Civil Practice Act. Under the present law a pleading is sufficient if it gives ‘ ‘ the conrt and parties notice of the transactions ” on which the plaintiff relies and sets forth the “ material elements of each cause of…