Appellate Division of the Supreme Court of New York, 1948

Gerety v. Aryeh

Gerety v. Aryeh
Appellate Division of the Supreme Court of New York · Decided April 19, 1948
273 A.D. 974; 78 N.Y.S.2d 232; 1948 N.Y. App. Div. LEXIS 5554
Gerety v. Aryeh

Opinion of the Court

In an action to recover damages for breach of an alleged agreement whereby defendant employed plaintiff to negotiate for the purchase of real property, order denying defendant’s motion to strike out portions of the complaint as not conforming to section 241 of the Civil Practice Act, etc., affirmed, without costs. The complaint is unnecessarily long, and to some extent fails to follow section 241 of the Civil Practice Act. However, the portions complained of appear to present no particular harm or prejudice to defendant; and the allegations can be answered without undue difficulty. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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