¶1Order denying defendants’ motion to dismiss the complaint for legal insufficiency unanimously reversed on the law, and, in the exercise of discretion, with leave to serve an amended complaint, with costs to defendants-appellants. The complaint is insufficient. While a refined and attenuated analysis might arguably spell out a shadow of a cause of action, neither the defendants nor the trial court should be subject to the difficulties. Concur — Breitel, J. P., Rabin, Yalente, McNally and Stevens, JJ.
9 A.D.2d 649
Kent v. Truman
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1959
Appellate Division of the Supreme Court of the State of New York · decided 1959-10-06
Cited by 3 later decisions — most recently November 1978
Good law ✅— No negative treatment on recordhow we know
Decided 1959-10-06
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