MEYER v. RITTERBUSH, JR.


276 A.D. 972 (1950)

William O. Meyer, as Administrator of The Estate of Douglas H. Meyer, Deceased, Appellant, v. Henry L. Ritterbush, Jr., as Executor of Mildred Meyer, Deceased, et al., Respondents

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

February 14, 1950.


The first cause of action is insufficient because of the defective form of pleading appearing in paragraphs "Ninth" and "Eleventh." The court, however, has considered the substantive merits of the case as though the matters adverted to in those paragraphs had been set forth as facts. In such view it appears that the complaint charges that the mother and her five-year-old son met their death by asphyxiation as a result of the suicide and homicide committed by the mother; that...

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