Brown v. Fish
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Suffolk county. Action by Dora S. Holbrook Brown and others against Ann Eliza Fish and others. From an order granting the motion of defendant Fish to strike out certain allegations of the complaint as irrelevant and redundant (75 N. Y. Supp. 460), plaintiffs appeal.
1Opinion of the CourtWillard Bartlett, J.
If this action were against the defendant Ann Eliza Fish alone, I should think that the order appealed from ought to be affirmed. So far as this defendant is concerned, the matters stricken out seem, at the most, to be statements of evidence which it would be competent for the plaintiffs to put in by way of proof upon the trial, but which are not essential to an adequate statement of the plaintiffs’ cause of action against her.
The difficulty in sustaining the order, however, arises out of the fact that there are other defendants who are not parties to the motion, and as against these…
2Cases cited1 opinion
- Hoffman v. . WightNew York Court of Appeals · 1893