John Reis Co. v. Post
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Elizabeth Post, as executrix, etc., from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 5th day of March, 1914, denying defendant’s motion for judgment on the pleadings. The action was brought to recover broker’s commissions for negotiating an exchange of property.
1Opinion of the Court
Rich, J.:
The appeal is based upon the contention that the complaint is fatally defective in that it does not allege non-payment of the commissions (which is the essence of the alleged cause of action), and does not, therefore, contain the “plain and concise statement of the facts constituting each cause of action ” that is required by the provisions of section 481, subdivision 2, of the Code of Civil Procedure. The learned court at Special Term held that the averments of subdivision 4 of the complaint (liberally construed with a view to substantial justice, as directed by section 519 of the…
2Cases cited3 opinions
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Dickinson v. TysenAppellate Division of the Supreme Court of the State of New York · 1908
- Posner v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- John Reis Co. v. PostAppellate Division of the Supreme Court of the State of New York · 1914