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Comings v. Cypress Knitting Mills, Inc.

144 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1913-12-26 English

Decision Majority — PER CURIAM. · Dissent — DOWLING, J.

Contents
p. 1110
COMINGS v. CYPRESS KNITTING MILLS, Inc., et al.
(Supreme Court, Appellate Division, First Department.
December 26, 1913.)

Headnote

Appeal from Special Term, New York County. Action by Celia M. Comings against the Cypress Knitting Mills, Incorporated, and others. From an order denying motion for judgment on the pleadings, defendants appeal. Affirmed.
I. Baleh Louis, of New York City, for appellants.
Jacob M. Schoenfeld, of New York City, for respondent.

Order affirmed, with $10 costs and disbursements.

(dissenting). I dissent, upon the ground that the only allegation of the complaint upon which such an action as this could be predicated is that it was represented that the defendant corporation owned net assets of the market value of $3,300, and there is no further allegation of the falsity of that representation.