Legal Opinion
Schwartz v. Marjolet, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 27, 1925PublishedCited by 5 opinions
1Opinion of the Court
Martin, J.:
The defendant moves for a dismissal of the complaint for insufficiency, a dismissal for defect of parties defendant, for an order directing a separate statement and enumeration of causes of action and for a direction that the complaint be made more definite and certain.
The notice of motion refers to the complaint as a whole and not to specific parts thereof. This notice is, accordingly, vague and defective so far as it challenges allegations of the pleading as not being definite and certain or such as should be stricken out as “ sham, frivolous, irrelevant, redundant, repetitious,…
2Cases cited4 opinions
- Waddle v. . CabanaNew York Court of Appeals · 1917
- Butler v. . WrightNew York Court of Appeals · 1906
- Pope Manufacturing Co. v. Rubber Goods Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Huguley v. GardnerAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by5 opinions
- Aacon Contracting Co. v. HerrmannNew York Supreme Court · 1960
- Bradford v. PetteNew York Supreme Court · 1953
- Mitchell Gardens No. 3 Co-Operative Corp. v. Third B N Associates, Inc.New York Supreme Court · 1957
- Gevaert Co. of America, Inc. v. Rock Land Corp.New York Supreme Court · 1962
- Zausner v. Fotochrome Inc.New York Supreme Court · 1962