Legal Opinion

Stewart v. Mutual Clothing Co.

New York County Courts

Decided June 3, 1949PublishedCited by 3 opinions

1Opinion of the CourtO’Mara, J.

The defendants in the above-entitled action move, pursuant to the provisions of rule 103 of the Rules of Civil Practice, for an order striking from the plaintiff’s complaint paragraph numbered seventh and so much of paragraph numbered eighth as refers to exemplary and punitive damages. The plaintiff’s cause of action is one in fraud in connection with an alleged assignment of wages executed by the plaintiff to the defendant Mutual Clothing Company, Inc. The plaintiff seeks both compensatory and punitive or exemplary damages.

Paragraph numbered seventh of the plaintiff’s complaint reads as…

2Cases cited3 opinions

  1. Voltz v. . BlackmarNew York Court of Appeals · 1876
  2. Palmer v. HaskinsNew York Supreme Court · 1858
  3. Wilson v. Onondaga Radio Broadcasting Corp.New York Supreme Court · 1940

3Cited by3 opinions

  1. Emery v. Midwest Motor Express Inc.North Dakota Supreme Court · 1952
  2. Mosca v. PenskyNew York Supreme Court · 1973
  3. Douglas v. Tomkins Realty Corp.New York Supreme Court · 1960

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