Bradley v. Sweeny

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1907

Appellate Division of the Supreme Court of the State of New York · decided 1907-06-28

Appeal by the' defendant, Charles S-weeny, from an order of the Supreme Court,, made at the Eé-w. Yqrk Special Term and entered in the, office of the clerk of the county of ,Eew York on the 28t'h day of .March, 1907, denying his motion to strike out. certain allegations of the complaint as. irrelevant, redundant and. scandalous. ■. • ■

Decided 1907-06-28

Per Curiam:

¶1The question presented by this appeal, is the same as that presen ted by the appeal in. Bradley v. Sweeny, No. 1 (120 App. Div. 315), argued and decided herewith, and upon the authority of the opinion in .that case the order is reversed, with ten dollars costs and disbursements, and. motion granted, with ten dollars costs, but with ..leave to .plaintiff to serve an amended complaint, if so advised.

¶2Present --- Ingraham, MoLaucii r.ts, Laughlin, Clabke and Scott, JJ. --

¶3Order reversed; with-'ten dollars' costs'and disbursements, and motion granted, with ten dollars-' costs, with leay;e to' plaintiff to 'sei-ve amended complaint if so advised.