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Worden v. Ranger

121 N.Y.S. 271 Court N.Y. App. Div. Decision date 1910-02-11 English

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p. 271
WORDEN v. RANGER et al.
(Supreme Court, Appellate Division, First Department.
February 11, 1910.)

Headnote

Pleading (§ 367[1] )—Motions—Making Moke Definite and Certain.
Where the cause of action is based on an assignment, the date of which is not stated in the complaint, a motion to make the complaint definite and certain, by stating the date, is proper.
[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 1173-1193; Dec. Dig. § 367.[1] ]
Appeal from Special Term, New York County.
Action by Estella A. Worden against John N. Ranger and others. From an order denying a motion to make the complaint definite and certain, defendants appeal.
Reversed.
Argued before INGRAHAM, P. J., and LAUGH LIN, CLARKE» SCOTT, and MILLER, JJ.
Frank_ Cochrane (Waldo G. Morse, on the brief), for appellants.
Romaine H. Crosby, for respondent.

When the cause of action set up in a complaint is based upon an assignment, the date of which is not stated in the complaint, a motion to make,the complaint definite and certain, by stating said date, is proper. Pigone v. Lauria, 115 App. Div. 286 , 100 N. Y. Supp. 976 .

The order appealed from should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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