Clarkin v. City of New York
New York Supreme Court
Application under section 545 of the Code of Civil Procedure, to strike out as irrelevant and redundant a certain paragraph of the answer.
1Opinion of the CourtClark, J.
Application, under section 545 of the Code of Civil Procedure, to strike out as irrelevant and redundant a certain identical paragraph (occurring in each of six separate defenses) repeating paragraphs I, II, III and IV of the answer.
The complaint contains eight paragraphs setting up (1) the incorporation of the defendant, (2) the passing by the plaintiff of a civil service examination, (3) his appointment as inspector of lamps and gas, (4) the classification of that position by the civil service commission without limitation of salary, (5) the fixing, thereafter, of plaintiff’s salary at…
2Cases cited4 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
- Stieffel v. TolhurstAppellate Division of the Supreme Court of the State of New York · 1900
- Blaut v. BlautNew York Supreme Court · 1903
- Mendelson v. MarguliesAppellate Division of the Supreme Court of the State of New York · 1913