Security National Bank v. Crane
Suffolk County District Court
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
- Illinois Steel Co. v. O'DonnellIllinois Supreme Court · 1895
- Franklin National Bank v. CapobiancoNew York Supreme Court · 1966
- Chemical Bank v. PadillaAppellate Terms of the Supreme Court of New York · 1972
- Chemical Bank v. PadillaCivil Court of the City of New York · 1971
3Cited by1 opinion
- Public Loan Co. v. HydeNew York Supreme Court · 1977