Benson v. Society of New York Hospital

Appellate Division of the Supreme Court of New York

Benson v. Society of New York Hospital

283 A.D. 952, 130 N.Y.S.2d 890, 1954 N.Y. App. Div. LEXIS 5905

Appellate Division of the Supreme Court of the State of New York·Decided May 10, 1954·Published·Cited by 1 cases

Opinion

Plaintiff sues in two causes of action to recover damages for false imprisonment. Defendant appeals from an order denying its motion to strike from the complaint paragraphs 5, 6, 8, 13 and portions of paragraphs 7, 10 and 15, pursuant to rule 103 of the Rules of Civil Practice. These paragraphs allege in substance that defendant committed assault and battery on plaintiff and also alleged slander and deprivation of civil rights. Plaintiff had stipulated that these allegations are solely by way of aggravation of damages for false imprisonment. Order affirmed, with $10 costs and disbursements, with leave to the defendant to answer within ten days after the entry of the order hereon. (Berthold V. G. I. I. Gorp., 242 App. Div. 649; Smith v. Bower, 270 App. Div. 977; Beardsley v. Soper, 184 App. Div. 399.) Adel, Acting P, J., Wenzel, MacCrate, Beldock and Murphy, JJ., concur.

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Plaintiff sues in two causes of action to recover damages for false imprisonment. Defendant appeals from an order denying its motion to strike from the complaint paragraphs 5, 6, 8, 13 and portions of paragraphs 7, 10 and 15, pursuant to rule 103 of the Rules of Civil Practice. These paragraphs allege in substance that defendant committed assault and battery on plaintiff and also alleged slander and deprivation of civil rights. Plaintiff had stipulated that these allegations are solely by way of aggravation of damages for false imprisonment. Order affirmed, with $10 costs and disbursements, with leave to the defendant to answer within ten days after the entry of the order hereon. (Berthold V. G. I. I. Gorp., 242 App. Div. 649; Smith v. Bower, 270 App. Div. 977; Beardsley v. Soper, 184 App. Div. 399.) Adel, Acting P, J., Wenzel, MacCrate, Beldock and Murphy, JJ., concur.

Benson v. Society of New York Hospital, 283 A.D. 952, 130 N.Y.S.2d 890, 1954 N.Y. App. Div. LEXIS 5905 (N.Y. Ct. App. 1954).

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