Roulston v. Warner
New York Supreme Court
1Opinion of the CourtCotillo, J.
This is a motion by the defendant to dismiss' each of the three causes of action set forth in the complaint on various grounds urged, or, in the alternative, to strike out certain allegations on the ground of irrelevancy.
With reference to the first cause of action, the motion is to dismiss (a) because of failure to allege a cause of action; (b) because the Statute of Limitations is a bar to the same, or (c) in the alternative, to strike out certain allegations thereof on the ground that the same are irrelevant, redundant and unnecessary.
Regarding (a), the basis of the motion, as argued in…
2Cited by1 opinion
- Rosenberg v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1934