PETNEL v. AM. TEL. & TEL. CO.


280 A.D. 706 (1952)

Joseph A. Petnel, Appellant, v. American Telephone and Telegraph Company et al., Respondents

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

November 17, 1952.


Attorney(s) appearing for the Case

Francis X. Giaccone and Asher Marcus, for appellant.

S. Hazard Gillespie, Jr., and Francis W. Phillips for respondents.

FOSTER, P. J., BREWSTER and COON, JJ., concur; HEFFERNAN, J., taking no part.


BERGAN, J.

When the mosaic of legal conclusions stated in the complaint is separated from factual allegations the pleading is to be read as alleging the defendants' unauthorized appropriation of plaintiff's invention which is useful in dial telephones. The question presented is whether the Statute of Limitations has run. The court at Special Term has found affirmatively on this point and has dismissed the complaint...

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