PRESSER v. SUTTON


285 A.D. 364 (1955)

Samuel Presser, on Behalf of Himself and All Other Contestants in The Independence Puzzle Contest Similarly Situated, Respondent, v. Keith S. Sutton et al., Appellants

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

February 15, 1955.


Attorney(s) appearing for the Case

Irving L. Young of counsel (Alfred M. Schaffer and Keith S. Sutton with him on the brief; Uterhart & Schaffer, attorneys), for Keith S. Sutton and another, appellants; (Hildreth & Van Nostrand, attorneys), for Bank of Amityville, appellant; (Keith S. Sutton, attorney), for Carlton B. Pearsall, appellant.

Samuel Jaffe of counsel (Samuel Presser with him on the brief; Samuel Jaffe, attorney), for respondent.

PECK, P. J., COHN, BREITEL and BASTOW, JJ., concur.


Per Curiam.

Defendants appeal from the denial of their motion to dismiss the complaint for legal insufficiency or, in the alternative, to require plaintiff to state and number its alleged causes of action. The complaint alleges that plaintiff participated in a puzzle contest, the rules and regulations of which were violated by defendants in the submission and handling of "tie-breakers", as a result of which plaintiff...

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