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GREEN v. DONIGER

300 N.Y. 238 (1949)

Al Green, Appellant, v. David D. Doniger, a New York Corporation, Respondent.

Court of Appeals of the State of New York.

Decided December 29, 1949

Attorney(s) appearing for the Case

Stanley M. Riesner and Jacob M. Goldenkoff for appellant.

Milton E. Haft and Louis Niden for respondent.

LOUGHRAN, Ch. J., CONWAY and DYE, JJ., concur with LEWIS, J.; FULD, J., dissents in opinion in which DESMOND and BROMLEY, JJ., concur.

LEWIS, J.

Upon this appeal our inquiry goes to the legal sufficiency of two of the several causes of action alleged in the complaint.

As the case comes to us on appeal from a judgment on the pleadings, we accept as true not only the material allegations of fact contained in the complaint (Nevins, Inc., v. Kasmach, 279 N.Y. 323, 325), but also those contained in the bill of particulars. (May Metropolitan...

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