Kipp v. International Harvester Co.
New York Supreme Court
1Opinion of the CourtCharles Lambiase, J.
Plaintiff makes this application “for an Order striking from the Defendant’s Amended Answer herein paragraphs Numbered 9th, 10th, 11th, 12th, 13th, and 14th as provided by Buie 103 of the Rules of Civil Practice in that they are irrelevant, immaterial, argumentative, and present evidentiary facts and legal conclusions; and for such other and further relief as may be just together with the cost of this motion.”
In the orderly consideration of this motion, we are considering each paragraph separately.
Paragraph “ ninth ” reads as follows: “ That at the time of the accident alleged in the…
2Cases cited5 opinions
- Mertz v. MertzNew York Court of Appeals · 1936
- Losito v. Kruse, Jr.Ohio Supreme Court · 1940
- Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1900
- Spies v. . National City BankNew York Court of Appeals · 1903
- Gifford v. WhittemoreNew York Supreme Court · 1956