Bardorf v. Rebecca Talbot-Perkins Adoption Society, Inc.

The motion to dismiss the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action was denied. The question of jurisdiction was disposed of at Special Term by holding that the plaintiffs were not entitled to maintain the action for specific performance; but that a cause of action for damages was stated. With these conclusions we agree.

The question is novel, and is one practically of first impression. In stating the facts we will, of course, assume every material allegation in the amended complaint to be true, and will give the plaintiffs the…