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Bradley v. Sweeny

120 A.D. 318 Court First Department, Decision date 1907-06-28 English

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p. 318
Peter B. Bradley, Respondent, v. Charles Sweeny, Appellant. (Action No. 2.)
First Department,
June 28, 1907.

Headnote

See li'ead bote in Bradley v. 'Sweény, No. 1 (ante,.p. 315).
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. ■. • ■
George Welwood Murray, for the appellant.
Robert Russell [James M. Gifford with him on the brief], for the respondent.

The 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.

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

Order 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.

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