Baumeister v. Timme

Appellate Division of the Supreme Court of New York

Baumeister v. Timme

246 A.D. 814

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

Plaintiff sues for $7,000, the purchase price for which defendant is alleged to have bought from plaintiff an account which she had with a stockbroker. Order, denying defendant’s motion to strike out certain allegations of the complaint as irrelevant and unnecessary, and to dismiss the complaint under subdivision 8 of rule 107 of the Rules of Civil Practice, unanimously modified by striking out the first to fourth paragraphs, inclusive, and the eighth and ninth paragraphs, of the complaint; and as so modified affirmed, without costs, with leave to the defendant to answer within twenty days after service of order. No opinion. Present — Martin, P. J., O’Malley, Untermyer and Cohn, JJ.

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Plaintiff sues for $7,000, the purchase price for which defendant is alleged to have bought from plaintiff an account which she had with a stockbroker. Order, denying defendant’s motion to strike out certain allegations of the complaint as irrelevant and unnecessary, and to dismiss the complaint under subdivision 8 of rule 107 of the Rules of Civil Practice, unanimously modified by striking out the first to fourth paragraphs, inclusive, and the eighth and ninth paragraphs, of the complaint; and as so modified affirmed, without costs, with leave to the defendant to answer within twenty days after service of order. No opinion. Present — Martin, P. J., O’Malley, Untermyer and Cohn, JJ.

Baumeister v. Timme, 246 A.D. 814 (N.Y. Ct. App. 1935).

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