Stabilimento Metallurgico Ligure v. Joseph
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leonard Joseph, from 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 3d day of June, 1919, denying his motion for an order directing the plaintiff to make the allegations of the complaint definite and certain; to strike therefrom allegations which are immaterial and redundant; to strike therefrom allegations which are evidentiary and to separately state and…
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Appeal by the defendant, Leonard Joseph, from 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 3d day of June, 1919, denying his motion for an order directing the plaintiff to make the allegations of the complaint definite and certain; to strike therefrom allegations which are immaterial and redundant; to strike therefrom allegations which are evidentiary and to separately state and number the various causes of action which are set forth in the complaint.
1Opinion of the Court
Page, J.:
The complaint sets forth six causes of action arising upon six different contracts of sale of merchandise. These are separately stated and numbered. The defendant contends that within the allegations of each cause of action there are stated facts which might give rise to several causes of action, and that by reason thereof and the redundant statement of facts, evidence and conclusions of law, the complaint is so indefinite and uncertain that the issue tendered cannot be determined. In my opinion, this criticism of the complaint is well founded. To review the complaint in detail, and…
2Cases cited1 opinion
- Clark v. . DillonNew York Court of Appeals · 1884
3Cited by10 opinions
- Isaacs v. Washougal Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1931
- O'Hara v. DerschugAppellate Division of the Supreme Court of the State of New York · 1931
- Maylender v. Fulton County Gas & Electric Co.New York Supreme Court · 1928
- Glover v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1919
- Knight v. Baltimore & O. R.District Court, W.D. New York · 1948
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