Landmesser v. Hayward
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Landmesser, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Otsego on the 2d day of January, 1913, granting the defendant’s motion to strike out portions of the complaint as irrelevant and redundant.
1Opinion of the Court
Woodward, J.:
The order appealed from strikes from the complaint a mass of redundant and irrelevant matter, and directs that the plaintiff serve a complaint which shall comply with the requirements of section 481 of the Code of Civil Procedure. Upon the merits there can be no question as to the propriety of this order. *75The complaint covers over thirty pages of the record, and tionsists in large part of correspondence entirely irrelevant to any issue which can be spelled out of the complaint, and the most of which is not even of an evidentiary character. It is conceded that the “ complaint…
2Cases cited4 opinions
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- Gormerly v. . McGlynnNew York Court of Appeals · 1881
- Ackerman v. AckermanAppellate Division of the Supreme Court of the State of New York · 1908
- Stearns v. Shepard & Morse Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- In re the Arbitration between Flanagan v. FlanaganAppellate Division of the Supreme Court of the State of New York · 1947