Heaphy v. Eidlitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Archibald Charles Heaphy, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of August, 1920, as strikes out certain paragraphs of the amended complaint.
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Appeal by the plaintiff, Archibald Charles Heaphy, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of August, 1920, as strikes out certain paragraphs of the amended complaint. Appeal by the defendants, Otto M. Eidlitz and another, from so much of said order as denies in part defendants’ motion to strike out certain paragraphs of the amended complaint and to compel the plaintiff to make said complaint definite and certain and separately state and number the causes of action, and to…
1Opinion of the Court
Page, J.:
The court struck out the 4th, 5th, 6th, 7th and 8th paragraphs of the complaint as irrelevant and immaterial. They relate to a contract of employment which preceded the one involved in this action. The plaintiff appeals from this portion of the order. These allegations can have no possible relevancy to the cause, of action sought to be alleged. The plaintiff says that this is an action on an account, but it is not. The order in so far as appealed from by plaintiff should be affirmed, with costs.
In disposing of a demurrer to a former complaint, the court pointed out that a…
2Cases cited1 opinion
- Glover v. Holbrook, Cabot & Rollins Corp.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by4 opinions
- Murphy v. National City BankAppellate Division of the Supreme Court of the State of New York · 1922
- Noto v. HeadleyNew York Supreme Court · 1963
- J. Pratt Carroll, Inc. v. Murphy Fruit Co.Appellate Terms of the Supreme Court of New York · 1924
- Shass v. Abgold Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1950