Legal Opinion

Raftery v. Carter

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1914PublishedCited by 2 opinions

Appeal by the defendants, John B. Carter and others, from part of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of January, 1914.

1Opinion of the Court

McLaughlin, J.:

The defendants appeal from so much of an order as denied a motion to compel plaintiff to separately state and number causes of action in the amended complaint and to strike out certain of its allegations as irrelevant, redundant and scandalous. After service of the original complaint defendants made a motion to have the causes of action, separately stated and numbered, which was granted, and on appeal to this court the order was affirmed. (Raftery v. Carter, 158 App. Div. 930.) Plaintiff, instead of complying with the order, served an amended complaint which purports to state…

2Cases cited3 opinions

  1. Perry v. . DickersonNew York Court of Appeals · 1881
  2. Carlson v. AlbertAppellate Division of the Supreme Court of the State of New York · 1907
  3. Raftery v. CarterAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. Zawadzki v. VandettiAppellate Division of the Supreme Court of the State of New York · 1938
  2. Raftery v. CarterAppellate Division of the Supreme Court of the State of New York · 1915

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