
    WORDEN v. RANGER et al.
    (Supreme Court, Appellate Division, First Department.
    February 11, 1910.)
    Pleading (§ 367)—Motions—Making Moke Definite and Certain.
    Where the cause of action is based on an assignment, the date of which is not stated in the complaint, a motion to make the complaint definite and certain, by stating the date, is proper.
    [Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 1173-1193; Dec. Dig. § 367.]
    Appeal from Special Term, New York County.
    Action by Estella A. Worden against John N. Ranger and others. From an order denying a motion to make the complaint definite and certain, defendants appeal.
    Reversed.
    Argued before INGRAHAM, P. J., and LAUGH LIN, CLARKE» SCOTT, and MILLER, JJ.
    Frank_ Cochrane (Waldo G. Morse, on the brief), for appellants.
    Romaine H. Crosby, for respondent.
    
      
      For other cases see same topic & § number in Dec. & Am. Digs! 1907 to date, & Rep’r Indexes
    
   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, 100 N. Y. Supp. 976.

The order appealed from should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.  