Bandler v. Globe & Rutgers Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Globe and Rutgers Fire Insurance Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of December, 1922, denying its motion for a judgment dismissing the complaint made upon the ground that the complaint does not. state facts sufficient to constitute a cause of action.
1Opinion of the Court
Finch, J.:
For the purposes of this decision it is sufficient to say that the complaint fails to comply with the rules of pleading in that it does not allege the facts upon which the action is based. The plaintiff sues to recover a loss sustained by the theft of certain goods alleged to be covered by a policy of insurance issued by the defendant. Neither the policy nor the material provisions thereof are set forth in the complaint. Conclusions only are pleaded, i. e., that the plaintiff,. “ suffered loss by theft of property covered under the said policy of insurance, while in transportation…
2Cases cited3 opinions
- Todd v. Union Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Fowler v. . the New York Indemnity Insurance CompanyNew York Court of Appeals · 1863
- Boiardi v. Marden, Orth & Hastings Corp.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by3 opinions
- Crossways Apartments Corp. v. AmanteAppellate Division of the Supreme Court of the State of New York · 1925
- Berdych v. Bell Aerospace Corp.Appellate Division of the Supreme Court of the State of New York · 1963
- Manhattan Fire & Marine Insurance v. Paul Tishman Co.New York Supreme Court · 1953