HELLERMAN v. WEINBROT


276 A.D. 763 (1949)

Israel Hellerman et al., Individually and as Copartners Trading as Hellerman Bros., Respondents, v. Harry Weinbrot, Individually and as a Copartner Trading as Weinbrot & Crane, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 7, 1949.


Order denying motion to dismiss complaint for failure to state a cause of action reversed on the law, with $10 costs and disbursements to defendant appellant, and motion granted, with $10 costs, with leave to plaintiffs to plead over within ten days after entry of the order hereon.

The complaint fails to state facts showing damage has been sustained. The fourteenth paragraph is a mere conclusion unsupported by any allegation of fact justifying the conclusion that...

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