Crotty v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Cross-appeals from parts of an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Orange on or about the 21st day of May, 1912.
1Per curiam
The order in so far as it strikes out the first and separate defense and the second and separate defense as scandalous and irrelevant, and the third and separate defense as irrelevant, must be reversed, inasmuch as section 545 of the Code of Civil Procedure does not authorize the striking out of an entire cause of action or an entire defense, but only the matter thereof which is irrelevant, redundant or scandalous. (Tierney v. Helvetia-Swiss Fire Ins. Co., 129 App. Div. 694, and cases, cited; Gibson v. McDonald, 139 id. 51.) It follows that the order in so far as it denies the *903motion to…
2Cases cited1 opinion
- Tierney v. Helvetia-Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Crotty v. Erie R.Appellate Division of the Supreme Court of the State of New York · 1914