Einstein v. Einstein

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

Decided October 24, 1913

Appellate Division of the Supreme Court of the State of New York · decided 1913-10-24

Appeal by the plaintiff, Manuela N. 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.

Decided 1913-10-24

McLaughlin, J.:

¶1This appeal is from an order denying a motion to strike out, as irrelevant and redundant, certain allegations of the complaint set forth in an affirmative defense.

¶2The question presented is precisely similar to the one considered in an action by this plaintiff against Monroe Einstein, decided herewith. For the reasons stated in the opinion in that case (158 App. Div. 498) the order here appealed from is reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.

¶3Ingraham, P. J., Laughlin, Clarke and Scott, JJ., concurred.

¶4Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.