Legal Opinion

Bauer v. Leider

New York Supreme Court

Decided December 29, 1958Published

1Opinion of the CourtFrank H. Coyne, J.

In this action brought by plaintiffs to recover damages for an alleged diminution in the value of their *309respective properties resulting from an alleged violation of certain covenants and warranties, defendants move for an order requiring plaintiffs to separately state and number their respective causes of action.

The relief sought rests in the sound discretion of the court. Eule 90 of the Eules of Civil Practice is a practice rule, the purpose of which is to require the pleading to be in such form that the adverse party may make denials with certainty, and also aid in the preparation for…

2Cases cited3 opinions

  1. Brenner v. Title Guarantee & Trust Co.New York Court of Appeals · 1937
  2. O'Hara v. DerschugAppellate Division of the Supreme Court of the State of New York · 1931
  3. Carillon Ceramics Corp. v. Richmond Radiator Co.Appellate Division of the Supreme Court of the State of New York · 1946

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