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Davey v. Dolan

Appellate Division of the Supreme Court of New York, First Department
Sep 4, 2003
308 A.D.2d 330 (N.Y. App. Div. 2003)

Opinion

1534

September 4, 2003.

Order, Supreme Court, New York County (Marylin Diamond, J.), entered May 3, 2002, which, insofar as appealed from, granted defendants-respondents' motions to dismiss the complaint as against them for failure to state a cause of action, unanimously affirmed, with costs.

Pro Se, for plaintiff-appellant.

Kristin Dono Mary F. Kelly, for defendants-respondents.

Before: Nardelli, J.P., Mazzarelli, Saxe, Rosenberger, Friedman, JJ.


Plaintiff alleges that defendants-respondents, who are his former wife's brother and attorneys, colluded with his former wife to have him falsely arrested for domestic violence so as to give her an "unfair advantage" in the divorce case they were planning against him. Whatever roles respondents may have played in bringing about plaintiff's arrest, fair notice thereof is not provided by his allegations, aptly characterized by the motion court as "unspecific and unfocused," that they gave the former wife "aid," "encouragement," "support" and "advice" (CPLR 3013; 3016[b]). We have considered and rejected plaintiff's other claims.

Motion seeking leave to file a late reply brief and for other related relief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Davey v. Dolan

Appellate Division of the Supreme Court of New York, First Department
Sep 4, 2003
308 A.D.2d 330 (N.Y. App. Div. 2003)
Case details for

Davey v. Dolan

Case Details

Full title:PETER F. DAVEY, Plaintiff-Appellant, v. KEVIN J. DOLAN, ET AL.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 4, 2003

Citations

308 A.D.2d 330 (N.Y. App. Div. 2003)
764 N.Y.S.2d 181

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