Tierney v. Helvetia-Swiss Fire Insurance
Cases that cite this one
4 later published cases cite this decision.
- Clearmont v. Riley (Appellate Division of the Supreme Court of New York 1915)
- Plymouth Garage, Inc. v. Shanly (Appellate Division of the Supreme Court of New York 1915)
- Clearmont v. Riley (Appellate Division of the Supreme Court of New York 1915)
- Crotty v. Erie Railroad (Appellate Division of the Supreme Court of New York 1912)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Section 545 of the Code of Civil Procedure authorizes the striking out of “irrelevant, redundant, or scandalous matter, contained in a pleading.” That section does not authorize the striking out of-an entire cause of action or defense, but only of irrelevant, redundant or scandalous matter contained therein! The sufficiency of the matter pleaded as a defense cannot thus be tested. An entire
It is conceded that the defendant offered no objection to the striking out of the 8tli paragraph, but the appeal is taken from the entire order. It should, therefore, be modified so as to provide that only the 8th paragraph of the answer be stricken out, and as thus modified affirmed, with costs of this appeal.
Jenks, Hooker, Gaynor and ¡Rich, JJ., concurred.
Order modified in accordance with the opinion, and as modified affirmed, with ten dollars costs and disbursements.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.