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Posen v. Cowdin

261 A.D. 1065 Court N.Y. App. Div. Decision date 1941-04-10 English

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p. 1065
Samuel I. Posen and Others, Respondents, v. J. Cheever Cowdin and Others, Defendants, Impleaded with Western Electric Co., Inc., Appellant.

Order affirmed, with twenty dollars costs and disbursements, with leave to the defendant-appellant to answer within ten days after service of order on payment of said costs, No opinion. Present — Martin, P. J., O’Malley, Dore, Cohn and Callahan, JJ.; Dore, J., dissents and votes to reverse and grant the motion on the ground that the allegations in paragraph “ third ” of the complaint are merely general conclusions instead of allegations of fact.