Legal Opinion

Security National Bank v. Crane

Suffolk County District Court

Decided July 3, 1973PublishedCited by 1 opinion

1Opinion of the CourtRockwell Colaneri, J.

A hearing has been held for the assessment of damages against the defendant Adrian Crane against whom a judgment has been rendered. The action against defendant Margaret Crane has been severed.

The complaint served herein does not allege the date of default, but this is not fatal. A complaint generally will not be dismissed as insufficient for failure to state the time or place of a transaction alleged unless such fact is material and necessary to constitute a cause of action. Where a necessary fact is not stated the court may dismiss for insufficiency or it may require the pleading to be made…

2Cases cited4 opinions

  1. Illinois Steel Co. v. O'DonnellIllinois Supreme Court · 1895
  2. Franklin National Bank v. CapobiancoNew York Supreme Court · 1966
  3. Chemical Bank v. PadillaAppellate Terms of the Supreme Court of New York · 1972
  4. Chemical Bank v. PadillaCivil Court of the City of New York · 1971

3Cited by1 opinion

  1. Public Loan Co. v. HydeNew York Supreme Court · 1977

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