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CRAIG v. AMER DIST TEL.

91 Misc.2d 1063 (1977)

David L. Craig, Doing Business as Craig Audio Laboratory, Plaintiff, v. American District Telegraph Co., Defendant.

Supreme Court, Monroe County.

April 22, 1977

Attorney(s) appearing for the Case

Robert F. Wood for plaintiff. Harris, Beach, Wilcox, Rubin & Levey (Paul J. Yesawich, III, of counsel), for defendant.

JAMES H. BOOMER, J.

The complaint is dismissed for failure to state a cause of action. "[I]t is clear that, under the Civil Practice Laws and Rules, the statements in pleadings are still required to be factual, that is, the essential facts required to give `notice' must be stated." (Foley v D'Agostino, 21 A.D.2d 60, 63.) "[N]otice of the transactions and occurrences...

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