Safer Beef Co. v. N. Boneless Beef, Inc., 15 A.D.2d 479 (N.Y. App. Div. 1961). · Go Syfert
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Safer Beef Co. v. N. Boneless Beef, Inc., 15 A.D.2d 479 (N.Y. App. Div. 1961). Cases Citing This Book View Copy Cite
25 citation events (5 in the last 25 years) across 3 distinct courts.
Strongest positive: Magro v. Ambach (nyappdiv, 1986-07-03)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited "see" Magro v. Ambach
N.Y. App. Div. · 1986 · signal: see · confidence high
In our view, it cannot be said that the penalty imposed " 'is so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness’ ” (Matter of Pell v Board of Educ., 34 NY2d 222 , 233, supra, quoting Matter of Stolz v Board of Regents, 4 AD2d 361, 364 ; see, Matter of McDermott v Murphy, 15 AD2d 479 , affd 12 NY2d 780 ).
discussed Cited "see, e.g." Sebco Dev., Inc. v. Siegel & Reiner, LLP
N.Y. Sup. Ct., Bronx Cty. · 2024 · signal: see also · confidence medium
The time of the court should not be taken in a prolonged study of a long, tiresome, tedious, prolix, involved, and loosely drawn complaint in an effort to save it ( id . at 572; see also Safer Beef Co. v N. Boneless Beef Inc. , 15 AD2d 479, 479 [1st Dept 1961]).
discussed Cited "see, e.g." Sebco Dev., Inc. v. Siegel & Reiner, LLP
N.Y. Sup. Ct., Bronx Cty. · 2024 · signal: see also · confidence medium
The time of the court should not be taken in a prolonged study of a long, tiresome, tedious, prolix, involved, and loosely drawn complaint in an effort to save it ( id . at 572; see also Safer Beef Co. v N. Boneless Beef Inc. , 15 AD2d 479, 479 [1st Dept 1961]).
discussed Cited "see, e.g." Ansbro v. McGuire
N.Y. App. Div. · 1979 · signal: see also · confidence low
Be all of that as it may, the penalty of dismissal with consequent deprivation of pension rights is, in our view, "so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness.” (Matter of Stolz v Board of Regents of Univ. of State of N. Y, 4 AD2d 361, 364 ; see, also, Matter of McDermott v Murphy, 15 AD2d 479 , affd 12 NY2d 780 ; Matter of Payton v New York City Tr.
Retrieving the full opinion text from the archive…
Safer Beef Co., Inc.
v.
Northern Boneless Beef, Inc.
Appellate Division of the Supreme Court of the State of New York.
Dec 19, 1961.
15 A.D.2d 479
Cited by 3 opinions  |  Published

A majority of us believe that from a reading of the complaint it does not appear that a cause of action is sufficiently stated within the requirement of subdivision 4 of rule 106 of the Rules of Civil Practice. Section 241 of the Civil Practice Act provides that every pleading shall contain a plain and concise statement of the material facts upon which a party relies. While pleadings are to be liberally construed, it is not intended to change the basic requirement that a complaint should contain such plain and concise statement as the afore-mentioned rule provides. The pleading, read in its entirety, might well contain facts sufficient to constitute a cause of action. However “ The court should not be compelled to wade through a mass of verbiage and superfluous matter in order to pick out

[*480] an allegation here and there, which, pieced together with other statements taken from another part of the complaint, will state a cause of action.” (Isaacs v. Washougal Clothing Co., 233 App. Div. 568, 572.) Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, JJ.