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Magee v. Fish

149 N.Y.S. 1095 Court N.Y. App. Div. Decision date 1914-10-16 Docket No. 6193 English

Contents

Majority

p. 1095
MAGEE v. FISH.
(No. 6193.)
(Supreme Court, Appellate Division, First Department.
October 16, 1914.)

Headnote

Appeal from Special Term, New York County. Action by Edith Magee against Horace W. Fish. From an order granting defendant's motion to strike out certain parts of the complaint, plaintiff appeals. Modifled and affirmed. Herman J. Witte, of New York City, for appellant. William H. Conklin, of New York City, for respondent.

The order appealed from is modified, by denying. the motion to strike out the portion directed by said order to be stricken out in paragraphs fifth and sixth of the complaint, and, as so modified, affirmed, without costs.