Appellate Division of the Supreme Court of the State of New York February 16, 1954 (Brandt v. Winchell)

lead-opinion

Callahan, J.

The complaint alleges two causes of action which are alike, except that the first is pleaded against the defendant Winchell alone and the second reiterates the same allegations in charging a conspiracy against all three defendants to injure the plaintiff.

The defendants have separately moved to dismiss the complaint for insufficiency, or relief in the alternative.