Legal Opinion

Megna v. Becton Dickinson & Co.

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

Decided May 15, 1995PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Hart, J.), dated December 20, 1993, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court correctly determined that the plaintiff’s complaint failed to adequately allege a cause of action, inasmuch as it was devoid of specific factual allegations and did not indicate the material elements of a claim and how they would apply to the case (see, CPLR 3013; see, e.g., Willis v…

2Cases cited2 opinions

  1. Martin v. Edwards LaboratoriesNew York Court of Appeals · 1983
  2. Willis v. KepnerAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by2 opinions

  1. JPMorgan Chase Bank v. PlaskettNew York Supreme Court · 2014
  2. US Bank National Ass'n v. LampleyNew York Supreme Court · 2014

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