Haas v. Costigan
New York Supreme Court
1Opinion of the CourtMario Pittoni, J.
The respondents move, pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice, to dismiss the petition as insufficient on its face, and pursuant to rules 102, 103 and 90, not only to dismiss but also to strike certain paragraphs of the petition as conclusory, vague, indefinite and uncertain.
Paragraphs 11 and 12 are sufficient. Paragraph 11 states in part “ that 162 signatories thereof were not, in fact, registered voters in the City of Long Beach in the year 1960 ”. Paragraph 12 states in part that ‘ ‘ included in the petition herein the names of 314 persons who have previously…
2Cases cited1 opinion
- Warner v. PowerAppellate Division of the Supreme Court of the State of New York · 1953