General
Estella A. Worden, Respondent, v. John H. Ranger and Others, Appellants
136 A.D. 936·New York Supreme Court, Appellate Division·1910·NY
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Opinion
Estella A. Worden, Respondent, v. John H. Ranger and Others, Appellants.
Motion and order — pleading — moi'e definite and certain.
Appeal from an order entered on the 3d day of January, .1910, denying a motion to make the complaint definite and certain.
[MAJORITY — Per Curiam:]
Per Curiam:
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.) The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs. Present — Ingraham, P. J., Laughlin, Clarke, Scott and Miller, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.