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RAGER v. MCCLOSKEY

305 N.Y. 75 (1953)

Edward Rager, Appellant, v. John J. McCloskey, Individually and as Sheriff of The City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 26, 1953

Attorney(s) appearing for the Case

Lloyd Paul Stryker and Harold W. Wolfram for appellant.

James M. Gilleran and John J. O'Connor for John J. McCloskey and another, respondents.

August Zolotorofe for Edgar A. Palmieri, respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ., concur.

FULD, J.

We are here concerned solely with the legal sufficiency of a pleading, plaintiff's second amended complaint. The first amended complaint, setting forth ten separately stated causes of action, was previously held insufficient, by the court at Special Term and by the Appellate Division, as to all but one cause of action and dismissed, with leave to serve a further...

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