Hyperlawhypertext legal database McCauley v. William Bradley & Son 156 N.Y.S. 1132

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McCauley v. William Bradley & Son

156 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1915-12-24 English

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p. 1132
McCAULEY v. WILLIAM BRADLEY & SON.
(Supreme Court, Appellate Division, First Department.
December 24, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Margaret A. McCauley, administratrix, against William Bradley & Son. From a judgment dismissing the complaint on the opening of counsel, plaintiff appeals. Reversed. See, also, 155 N. Y. Supp. 1121 .

We think that the complaint clearly states a cause of action, and that the facts stated in the opening do not so qualify the allegations of the complaint as to justify a dismissal of the complaint upon the opening. The judgment appealed from must be reversed and a new trial ordered, with costs to the appellant to abide the event. Order filed. McLaughlin, j., dissents.