Legal Opinion

Pearson v. Pearson

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

Decided December 20, 1961PublishedCited by 1 opinion

1Opinion of the Court

The “re-amended complaint” contains allegations charging a conspiracy. Commingled with such allegations, it sets forth allegations common to actions for assault and battery, false imprisonment, malicious prosecution, trespass and libel and slander. Although one or more causes of action may be properly stated, the allegations relevant and material thereto are indefinitely and obscurely pleaded and are so inextricably mixed and intermingled with irrelevant and immaterial allegations that it is quite impossible to separate them and to strike out only the bad, without redrafting the entire…

2Cases cited2 opinions

  1. Isaacs v. Washougal Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1931
  2. Pearson v. PearsonNew York Supreme Court · 1961

3Cited by1 opinion

  1. Bennett v. Town of RiverheadDistrict Court, E.D. New York · 1996

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