Siriani v. Deutsch
The Superior Court of the City of New York and Buffalo
Action by Giovanni Siriani against Herman H. Deutsch. Plaintiff moves to strike out the answer “as setting up inconsistent defenses,” and part of said answer as irrelevant, redundant, and frivolous.
1Opinion of the CourtGildersleeve, J.
This is a motion by the plaintiff to strike out the answer herein “as setting up inconsistent defenses,” and part of said answer as irrelevant, redundant, and frivolous. It seems to me that this motion should be denied. In the first place, the motion papers herein were served more than 20 days after the service of the answer. The practice of the court requires that a motion to strike out of any pleading matter alleged, to be irrelevant, redundant, or scandalous must be noticed within 20 days from the service of such pleading. Rule 22, General Rules of Practice. Where a failure to serve such…
2Cases cited4 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Strong v. . SproulNew York Court of Appeals · 1873
- Colt v. DavisNew York Supreme Court · 1888
- Gibson v. GibsonNew York Supreme Court · 1893