Legal Opinion
Biggar v. Buteau
Appellate Division of the Supreme Court of the State of New York
Decided January 8, 1976PublishedCited by 4 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered July 22, 1975 in Delaware County, which granted defendant’s motion to dismiss plaintiff’s amended complaint for failure to state a cause of actiop. with leave to plaintiff to apply to Special Term to replead. We agree with Special Term that the amended complaint is defective. The gravamen or gist of the cause of action is fraud. Aside from conclusory allegations, no fraud is alleged. CPLR 3013 requires a pleading to set forth not only a statement with sufficient particularity to give the court and parties notice of the…
2Cases cited5 opinions
- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Meltzer v. KleinAppellate Division of the Supreme Court of the State of New York · 1967
- Block v. LandeggerAppellate Division of the Supreme Court of the State of New York · 1974
- Ingraham v. International Salt Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Hirn v. HarrisAppellate Division of the Supreme Court of the State of New York · 1968
3Cited by4 opinions
- Lapis Enterprises, Inc. v. International Blimpie Corp.Appellate Division of the Supreme Court of the State of New York · 1981
- Fujishima v. Games Management ServicesNew York Supreme Court · 1981
- Gill v. Caribbean Home Remodeling Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Augsbury v. AdamsAppellate Division of the Supreme Court of the State of New York · 1987