[Download] "Murray Dulberg v. Hugo Mock Et Al." by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Murray Dulberg v. Hugo Mock Et Al.
• Author : Court of Appeals of New York
• Release Date : January 22, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

[1 N.Y.2d 54 Page 56] We review the dismissal, for alleged insufficiency of content, of all five of the causes of action pleaded in this amended
complaint. Plaintiff is a layman acting for himself. Defendants are patent attorneys. The pleading is inartistically drawn
and is indefinite in places. However, our inquiry is as to whether it states in some recognizable form any cause of action
known to our law. The applicable rules are those of Condon v. Associated Hosp. Service (287 N. Y. 411, 414): the complaint
must stand "If in any aspect upon the facts stated the plaintiff is entitled to a recovery' * * * The whole of the pleading
must be considered * * * [it] is deemed to allege 'whatever can be implied from its statements by fair and reasonable intendment'
* * * The question * * * is whether [there] 'can be fairly gathered from all the averments' * * * the requisite allegations
of any valid cause of action cognizable by the state courts". Section 241 of the Civil Practice Act, which requires that
a pleading contain a plain and concise statement, without repetition, of the material facts, is to be read with section 275
of the Civil Practice Act which commands that "Pleadings must be liberally construed with a view to substantial justice between
the parties".

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