Professional Health Services, Inc. v. City of New York

Order, entered on February 17, 1970, disposing of motions by plaintiffs and cross motion by defendant, unanimously reversed on the law, to the extent appealed from, with $50 costs and disbursements to the appellant, and the complaint dismissed, with leave to plaintiffs to apply at Special Term for permission to replead. (Cushman é Wakefield v. John David, Ino., 23 A D 2d 827 , 25 A D 2d 133 .) The present, abbreviated complaint is legally insufficient in that it “ does not comply with the minimal requirement of CPLR that the statements in a complaint must be ‘ sufficiently particular to give the court and parties notice of the transactions, occurrences, or series -of transactions or occurrences, intended to be proved and the material elements of each cause of action or defense ’ (CPLR 3013). There is a failure to state the essential facts constituting the material elements of any cause of action ”. (Menon v. Kennedy, 24 A D 2d 849 .) Concur — Eager, J. P., Capozzoli, McGivern and Nunez, JJ.