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WALKOVSZKY v. CARLTON

23 N.Y.2d 714 (1968)

John Walkovszky, Respondent, v. William Carlton, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided November 27, 1968.

Attorney(s) appearing for the Case

Norbert Ruttenberg and Marshall M. Kolba for appellant.

Lawrence Lauer for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Order affirmed, with costs, in the following memorandum: The complaint before us — amended following our decision when the case was previously here (18 N.Y.2d 414) — now meets the pleading requirements set forth in the court's opinion and states a valid cause of action. It is hardly necessary to add that we pass only upon the sufficiency of the complaint and that it will be incumbent upon the plaintiff, if he is to succeed...

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