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Einstein v. Einstein

158 A.D. 501 Court First Department, Decision date 1913-10-24 English

Delivered by McLaughlin, J.:

Contents

Majority

p. 501
Manuela N. Einstein, Appellant, v. Julius Einstein, Respondent.
First Department,
October 24, 1913.

Headnote

See headnote in Einstein v. Einstein (ante, p. 498).
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.
Jacob H. Corn, for the appellant.
James B. Kilburn, for the respondent.

This 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.

The 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.

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

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

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