Legal Opinion

Amaducci v. Metropolitan Opera Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided October 16, 1969PublishedCited by 16 opinions

1Opinion of the Court

Order entered March 28, 1969, denying defendant’s motion for a dismissal of the amended complaint for insufficiency pursuant to CPLR 3211 (subd. [a], par. 7) is unanimously modified on the law to the extent of granting the motion by striking from the amended complaint that part of the allegations thereof contained in paragraphs Tenth, Eleventh, Twelfth and Thirteenth, and, as so modified, the order is affirmed, without costs or disbursements; and plaintiff is directed to serve a further amended complaint eliminating the stricken allegations and conforming the demand for damages accordingly.…

2Cases cited4 opinions

  1. Howard v. . DalyNew York Court of Appeals · 1875
  2. Sinclair v. Positype Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1933
  3. Goldman v. City Specialty Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
  4. Horn v. Atlas Corrugated Case Co.Appellate Division of the Supreme Court of the State of New York · 1939

3Cited by16 opinions

  1. High Plains Genetics Research, Inc. v. J K Mill-Iron RanchSouth Dakota Supreme Court · 1995
  2. O'LEARY v. Sterling Extruder Corp.District Court, E.D. Wisconsin · 1982
  3. Sample v. Gotham Football Club, Inc.District Court, S.D. New York · 1973
  4. Dember Construction Corp. v. Staten Island MallAppellate Division of the Supreme Court of the State of New York · 1977
  5. Ericson v. Playgirl, Inc.California Court of Appeal · 1977

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