Legal Opinion

Vale v. Yawarski

New York Supreme Court

Decided October 4, 1974PublishedCited by 6 opinions

1Opinion of the CourtStewart F. Hancock, J.

The motions to be decided in the above-captioned actions are sequels to this court’s decision of July 2, 1974 (78 Misc 2d 522), which dismissed the first cause of action in Vale’s original complaint with leave to replead. Vale has since served an amended complaint. It includes a new allegation of negligence sufficient to cure the defect in the original which had resulted in dismissal for failure to state a cause of action.1

*321Now before the court are two motions: one, on behalf of defendant Jay, to strike certain allegations from the amended Vale complaint on the ground that they are scandalous…

2Cases cited5 opinions

  1. Goldberg v. Lumber Mutual Casualty InsuranceNew York Court of Appeals · 1948
  2. Lionel Freedman, Inc. v. Glens Falls InsuranceNew York Court of Appeals · 1971
  3. Berkeley v. ParkNew York Supreme Court · 1965
  4. Sturges Manufacturing Co. v. Utica Mutual InsuranceNew York Supreme Court · 1973
  5. Vale v. YawarskiNew York Supreme Court · 1974

3Cited by6 opinions

  1. Nazareno v. UrieAlaska Supreme Court · 1981
  2. Conrad v. Beck-Turek, Ltd., Inc.District Court, S.D. New York · 1995
  3. Cole's Restaurant, Inc. v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
  4. New York Mutual Underwriters v. CavallaroAppellate Division of the Supreme Court of the State of New York · 1982
  5. Manuszewski v. Merchants Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1977

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