Majority
p. 678Abraham Steinam and Others, as Executors, etc., of Max E. Bernheimer, Deceased, Respondents, v. William Salomon and Others, Copartners Engaged in Business under the Firm Name and Style of William Salomon & Company, Appellants. First Department, December 19, 1913.
Headnote
See head note in Isaacs v. Salomon {ante, p. 675).Appeal by the defendants, William Salomon and others, 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 3d day of November, 1913, resettling a prior order denying a motion to strike from the complaint certain allegations as irrelevant, immaterial and redundant, and to make certain other allegations more definite and certain.
Marvin W. Wynne, for the appellants.
Benjamin G. Paskus, for the respondents.
The complaint in this action is, in the main, identical with that in Isaacs v. Salomon ( 159 App. Div. 675 ), decided herewith, and the rulings made in that case are applicable to this. Paragraphs 8 and 9 of the complaint in this action are not contained in the complaint in the other case. They may have some relevancy as showing the relations between the parties immediately before the sale complained of and, therefore, will not be stricken out.
p. 679
The order should be reversed and the motion granted to the extent indicated, without costs to either party.
Ingraham, P. J., McLaughlin, Laughlw and Clarke, JJ., concurred.
Order reversed and motion granted to extent stated in opinion, without costs. Orders to be settled on notice.