(Download) "Mckee-Berger-Mansueto v. Barry Federman Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Mckee-Berger-Mansueto v. Barry Federman Et Al.
- Author : Supreme Court of New York
- Release Date : January 24, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Upon reargument the order of November 4, 1966, is unanimously modified, on the law, to strike out the fifth cause of action with leave to plaintiffs to apply to Special Term for leave to replead said cause of action, with $10 costs and disbursements to defendants-appellants. After the determination of this court which, inter alia, sustained plaintiffs' fifth cause of action, the Court of Appeals rendered its decision in Morrison v. National Broadcasting Co., (19 N.Y.2d 453). This court thereupon granted defendants' motion for reargument (28 A.D.2d 653). The fifth cause of action being for an unconventional tort must allege damages with sufficient particularity (Morrison v. NBC, supra, p. 458). This it does not do. An application for leave to replead is provided for to give an opportunity for correction in this respect if plaintiffs are able to do so. Concur - Steuer, J.P., Rabin, McNally and Tilzer, JJ.
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