Chittenden v. San Domingo Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The San Domingo Improvement Company of Hew York, from an order of- the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 29th day of January, 1908, denying the defendant’s motion to strike out part of the complaint as redundant and irrelevant.
1Opinion of the Court
Per Curiam :
The portions of the complaint which the defendant moved to strike out as redundant and irrelevant are mere recitals of evidentiary facts and are not necessary allegations of the cause of action set forth.
The defendant may and jirobably does desire to deny the allegations of employment of plaintiff’s testator and the rendition of services by him. It is aggrieved because it may not be able to deny the evidentiary facts unnecessarily set forth in the complaint.
Where a pleading requiring an answer or a reply contains allegations of mere evidence not necessary to a statement of the…
2Cases cited1 opinion
- Hamilton v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Ardon Construction Corp. v. Firemen's Insurance Co. of Newark, N. J.New York Supreme Court · 1959
- Cleminshaw v. CoonAppellate Division of the Supreme Court of the State of New York · 1909