Legal Opinion · Dissent

Solomon v. LaGuardia

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

Decided March 6, 1944Published

1DissentClose, P. J.

Defendants LaGuardia and others appeal from an order denying their motion, made pursuant to rule 103 of the Buies of Civil Practice, to strike out certain paragraphs of the complaint herein.

The complaint contains three causes of action, viz., libel, slander and malicious prosecution. The matter sought to be struck out is found in paragraphs “ Seventh ” through “ Fortieth ’ ’ in the first cause of action and is repeated, by reference, in the other causes. It is contended that these allegations are necessary to allege a conspiracy on the part of defendants. As I read this complaint, the…

2Cases cited12 opinions

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. Green v. . DaviesNew York Court of Appeals · 1905
  3. Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
  4. Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
  5. California Packing Corp. v. Kelly Storage & Distributing Co.New York Court of Appeals · 1920

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