Kolb v. Mortimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Morton L. Mortimer and others, from an order of the Supreme Court, made at the Mew York Special Term, bearing date the lltli day of September, 1909, and entered in the office of the clerk of the county of Mew York.
1Opinion of the Court
Scott, J.:
Appeal from an order denying defendants’ motion t.o strike out certain parts of the complaint as irrelevant and redundant. The general principles which should (but Seldom do) determine the form of a complaint are well understood. The fundamental rule is that prescribed by section 481 of the Code of Civil Procedure, that a complaint must contain “ a plain and concise statement of the facts constituting each cause of action without unnecessary repetition.” Section 545' provides that “ Irrelevant, redundant or scandalous matter contained in a pleading may be stricken out upon the…
2Cases cited3 opinions
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Bradley v. SweenyAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by6 opinions
- Gutta-Percha & Rubber Manufacturing Co. v. HolmanAppellate Division of the Supreme Court of the State of New York · 1912
- Isaacs v. SalomonAppellate Division of the Supreme Court of the State of New York · 1913
- Doyle v. Johnson Bros.City of New York Municipal Court · 1941
- Murphy v. National City BankAppellate Division of the Supreme Court of the State of New York · 1922
- Karash v. KolatchNew York Supreme Court · 1961
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