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Gibson v. Schwannecke

123 N.Y.S. 506 Court N.Y. App. Div. Decision date 1910-06-03 English

Delivered by SCOTT, J.

Contents

Majority

p. 506
GIBSON v. SCHWANNECKE.
(Supreme Court, Appellate Division, First Department.
June 3, 1910.)

Headnote

Appeal from Special Term, New York County.
Action by Burton W. Gibson against Albert F. Schwannecke. From an or- ' tier granting plaintiff’s motion to strike out, as scandalous and redundant, portions of the amended answer, and directing that the fifth and partial defense be made more certain, defendant appeals.
Reversed and denied.
Argued before INGRAHAM, P. J., and McLAUGHLIN, CLARICE, SCOTT, and DOWLING, JJ.
Theodore Connoly, for appellant.
Albert A. Wray, for respondent.

Order appealed from reversed, with $10 costs and disbursements, and motion denied, with $10 costs, for the reasons stated in Gibson v. McDonald (decided herewith) 123 N. Y. Supp. 504 . All concur.