Legal Opinion

Rosenzweig v. Wecksler

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1932PublishedCited by 2 opinions

1Opinion of the CourtEdgcomb, J.

The defendants Henry, Sophia and Irene Wecksler move to strike out certain allegations of the complaint as irrelevant and unnecessary, and to compel the ■ plaintiff to separately state and number his causes of action.

The action is one on the case in the nature of a conspiracy to hinder, delay and defraud the creditors of Henry Wecksler in the collection of their just debts.

The gist of an action of this character is the damage caused the plaintiff, and not the conspiracy. Allegations and proof of a concerted design on the part of the defendants are important for the sole purpose of joining all…

2Cases cited7 opinions

  1. Verplanck v. . Van BurenNew York Court of Appeals · 1879
  2. Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
  3. von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
  4. Tillie Von Au v. MagenheimerNew York Court of Appeals · 1909
  5. Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Naujokas v. CareyNew York Supreme Court · 1968
  2. Reservoir Estates, Inc. v. PaulusNew York Supreme Court · 1965

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