Fisk v. Shattuck Denn Mining Corp., 29 A.D.2d 746 (N.Y. App. Div. 1st Dep't 1968). · Go Syfert
Fisk v. Shattuck Denn Mining Corp., 29 A.D.2d 746 (N.Y. App. Div. 1st Dep't 1968). Cases Citing This Book View Copy Cite
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Harvey Fisk, Jr.
v.
Shattuck Denn Mining Corporation
Appellate Division of the Supreme Court of the State of New York.
Feb 15, 1968.
Published opinion
29 A.D.2d 746
1968 N.Y. App. Div. LEXIS 4665
Published

Order entered September 19, 1967, unanimously reversed, on the law, and complaint dismissed, with $30 costs and disbursements to defendants, with leave to plaintiffs to apply to Special Term for leave to serve an amended complaint within 20 days after service upon them of a copy of the order entered herein, with -notice of entry. While the particular motions made attacking the complaint may not have been those best adapted to cope with the deficiencies in the pleading, those deficiencies are so glaring that allowing the complaint to stand would only result in further motion practice or, failing that, cause endless confusion on the trial. The ends of justice would best he served by requiring plaintiffs to plead over in accord with the procedure indicated (Cushman & Wakefield v. John David, Inc., 23 A D 2d 827). Concur — Eager, J. P., Steuer, Tilzer, Rabin and McNally, JJ.