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Megna v. Becton Dickinson & Co.
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 Kepner, 109 AD2d 950 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Steven Jung
v.
Steven Jung
Appellate Division of the Supreme Court of the State of New York.
Mar 14, 1985.
Published
— Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered December 1, 1983, upon a verdict convicting defendant of the crimes of burglary in the second degree and conspiracy in the fourth degree.
Judgment reversed, on the law, and indictment dismissed (see, People v Marmulstein, 109 AD2d 948). Mahoney, P. J., Kane, Casey, Weiss and Levine, JJ., concur.