Majority
p. 122Haskell et al. v. Drummond. (Supreme Court, General Term, First Department. October 16, 1891.) Argued before Van Brunt, P. J., and Daniels and Ingraham, JJ.
Headnote
Pleading—Action fob Injunction—Motion to Make More Definite.In an action to restrain defendant from prosecuting summary proceedings to remove plaintiffs from certain premises, wherein the complaint alleges that an action has been commenced and a complaint served in such summary proceeding without tendering any other issue, the complaint cannot be made more definite and certain, and a motion for that purpose must be denied.
Appeal from special term, New York county.
Action in equity by Ezra Haskell and Peter T. Badiker against Robert W. Drummond, to restrain defendant from prosecuting summary proceedings to remove plaintiffs from certain premises in the city of New York. From an order denying a motion to make the complaint more definite and certain defendant appeals.
p. 123
Abel Crook, for appellant. Platt & Bowers, (John M. Bowers and S. G. Reed, of counsel,) for respondents.
The allegation in the complaint being only that an action has been commenced, and a certain complaint served therein, a copy of which is annexed, and that being the only issue tendered, there is nothing to be made more definite and certain. The order appealed from should therefore be affirmed, with costs.