Legal Opinion
Connelly v. Department of Agriculture & Markets
New York Supreme Court
Decided February 20, 1937PublishedCited by 8 opinions
1Opinion of the CourtMcNaught, J.
The motion being based upon the contention that the complaint fails to state facts sufficient to constitute a cause of action, we are restricted to the allegations of the complaint, which are to be taken as admitted.
The complaint must be liberally construed, and every intendment and fair inference must be drawn in favor of the pleading. If the plaintiff is entitled to maintain his alleged cause of action on any theory of the facts set forth in the complaint, the motion must be denied.
By chapter 360. of the Laws of 1933, article 16-A was added to the Agriculture and Markets Law. The act…
2Cases cited14 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Sprout v. South BendSupreme Court of the United States · 1928
- Arizona Employers' Liability CasesSupreme Court of the United States · 1919
- Collins v. TexasSupreme Court of the United States · 1912
- People v. . RosenheimerNew York Court of Appeals · 1913
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3Cited by8 opinions
- Ex-Cell-O Corporation v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1940
- Gold Sound, Inc. v. City of New YorkNew York Supreme Court · 1949
- Rueffer v. Department of Agriculture & MarketsNew York Court of Appeals · 1938
- Rueffer v. Department of Agriculture & MarketsNew York Supreme Court · 1937
- Pavlick v. Department of Agriculture & MarketsNew York Supreme Court · 1937
3 more not listed; retrieve them via the Exa API.