KEMP v. CITY OF TROY, NEW YORK


25 A.D.2d 799 (1966)

Robert Kemp, Appellant, v. City of Troy, New York, Respondent

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

April 29, 1966


HERLIHY, J.

The plaintiff had served a prior complaint which was dismissed with leave to amend, Special Term observing "nor does it [complaint] state with specific particularity acts on the part of the City upon which liability might be predicated". The present complaint, served in accordance with the order as an amended complaint, has been dismissed on the merits, the court stating that it "cannot construct any possible cause of action against the defendant...

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