Vogt v. Vogt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harold Watson, from an order of the Supreme Court, made at the Kings. County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of Hay, 1903, denying said defendant’s motion to strike out certain matter from the plaintiff’s complaint.
1Opinion of the Court
Jenks, J, :
Such motions are not encouraged or granted save on grievance shown. (Tradesmen’s Nat. Bank v. U. S. Trust Co., 49 App. Div. 362, 366 ; Howard v. Mobile Co. of America, 75 id. 23 ; Stieffel v. Tolhurst, 55 id. 532, citing Park & Sons Co. v. Nat. Druggists’ Assn., 30 id. 508.) The relief is largely in the discretion of the "court. (Howard v. Mobile Co. of America, supra) Van Brunt, P. J., in Stokes v. Star Co, (69 App. Div. 21), very justly says: “ It is often difficult to determine upon pleadings themselves whether or not allegations contained therein will be irrelevant and…
2Cases cited2 opinions
- Stokes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Tradesmen's National Bank v. United States Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- People ex rel. Fiske v. BrushAppellate Division of the Supreme Court of the State of New York · 1918