Smith v. Irvin
New York Supreme Court
Motion for an order directing plaintiffs to separately state and number two causes of action alleged to be set forth in their amended complaint, directing plaintiffs to elect upon which cause of action they shall seek relief, and that all allegations setting forth other causes of action be stricken from the amended complaint, and further directing that plaintiffs make definite and certain several allegations thereof.
1Opinion of the CourtClarke, J.
Motion is made for an order directing plaintiffs to separately state and number two" causes of action alleged to be set forth in their amended complaint; directing plaintiffs to elect upon which cause of action they shall seek relief, and that all allegations setting forth other causes of action be stricken from the amended complaint, and further directing that plaintiffs make definite and certain several allegations thereof. The early history of the litigation is reported in Matter of Irvin, 68 App. Div. 158; 87 id. 466, and the facts need not be restated. In brief, the suit is brought by…
2Cases cited16 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Holmes v. . GilmanNew York Court of Appeals · 1893
- Sanders v. . SoutterNew York Court of Appeals · 1891
- Wood v. . AmoryNew York Court of Appeals · 1887
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
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3Cited by6 opinions
- Sklarsky v. Great Atlantic & Pacific Tea Co.District Court, S.D. New York · 1931
- Rizzo v. StateNew York Court of Claims · 1951
- Schmidt v. WeyellCity of New York Municipal Court · 1908
- Rosenbaum v. MelnikoffNew York Supreme Court · 1958
- Updike v. MaceAppellate Division of the Supreme Court of the State of New York · 1913
1 more not listed; retrieve them via the Exa API.