Einstein v. Einstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Manuela IST. Einstein, from an order of the Supreme Court, made at the ¡New York Special Term and entered in the office of the clerk of the county of ¡New York on the 9th day of September, 1913, denying plaintiff’s motion to strike from the separate defense contained in the answer certain denials of allegations of the complaint on the ground that the same were irrelevant and redundant.
1Opinion of the Court
McLaughlin, J. :
Action to recover damages for alleged alienation of the affections of Arthur Einstein, plaintiff’s husband.
The answer alleges: “I. On information and belief defendant denies the allegations contained in paragraph Fourth of said complaint that he at all times or at any times exercised and exerted an influence and control over the mind of Arthur Einstein.
“ II. On information and belief defendant denies the allegations contained in paragraphs Fifth, Sixth and Seventh of said complaint. ”
For a Separate defense the “defendant repeats the allegations of paragraphs I and II of this…
2Cases cited1 opinion
- Stroock Plush Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by3 opinions
- Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Einstein v. EinsteinAppellate Division of the Supreme Court of the State of New York · 1913
- Phinny v. HayAppellate Division of the Supreme Court of the State of New York · 1916