Tierney v. Helvetia-Swiss Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Helvetia-Swiss Fire Insurance Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the oifiee of the clerk of the county of Kings on the 13tli day of August, 1908, striking out as irrelevant an entire defense contained in the said defendant’s answer.
1Opinion of the Court
Miller, J.:
Section 545 of the Code of Civil Procedure authorizes the striking out of “irrelevant, redundant, or scandalous matter, contained in a pleading.” That section does not authorize the striking out of-an entire cause of action or defense, but only of irrelevant, redundant or scandalous matter contained therein! The sufficiency of the matter pleaded as a defense cannot thus be tested. An entire *695defense, though insufficient, cannot be stricken out as irrelevant. (Hanson Co. v. Collier, 119 App. Div. 794; Cardeza v. Osborn, 32 Misc. Rep. 46; affd., 54 App. Div. 626; Stroock Plush Co. v.…
2Cases cited2 opinions
- Cardeza v. OsbornNew York Supreme Court · 1900
- W. T. Hanson Co. v. CollierAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Crotty v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Clearmont v. RileyAppellate Division of the Supreme Court of the State of New York · 1915
- Clearmont v. RileyAppellate Division of the Supreme Court of the State of New York · 1915
- Plymouth Garage, Inc. v. ShanlyAppellate Division of the Supreme Court of the State of New York · 1915