Cardy v. Cardy

Appellate Division of the Supreme Court of New York

Cardy v. Cardy

2 A.D.2d 964, 157 N.Y.S.2d 273, 1956 N.Y. App. Div. LEXIS 3605

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 11, 1956

StatusPublished

This text of 2 A.D.2d 964 (Cardy v. Cardy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cardy v. Cardy, 2 A.D.2d 964, 157 N.Y.S.2d 273, 1956 N.Y. App. Div. LEXIS 3605 (N.Y. Ct. App. 1956).

Pincite

Opinion

Order denying defendant’s motion to dismiss the complaint, unanimously reversed and the motion to dismiss granted, with leave to the plaintiff to replead, with $50 costs and disbursements to the appellant. The complaint does not contain a plain and concise statement of the cause of action and contains allegations which are irrelevant, redundant and scandalous. Settle order on notice. Resettled order granting plaintiff’s motion for an order appointing a referee to take the depositions of various named persons as witnesses, for use by plaintiff to oppose defendant’s motion to dismiss the complaint, unanimously reversed and the motion denied, with $50 costs and disbursements to the appellant. No opinion. Concur — Peek, P. J., Breitel, Botein, Rabin and Cox, JJ.

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Order denying defendant’s motion to dismiss the complaint, unanimously reversed and the motion to dismiss granted, with leave to the plaintiff to replead, with $50 costs and disbursements to the appellant. The complaint does not contain a plain and concise statement of the cause of action and contains allegations which are irrelevant, redundant and scandalous. Settle order on notice. Resettled order granting plaintiff’s motion for an order appointing a referee to take the depositions of various named persons as witnesses, for use by plaintiff to oppose defendant’s motion to dismiss the complaint, unanimously reversed and the motion denied, with $50 costs and disbursements to the appellant. No opinion. Concur — Peek, P. J., Breitel, Botein, Rabin and Cox, JJ.

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Bluebook (online)

2 A.D.2d 964, 157 N.Y.S.2d 273, 1956 N.Y. App. Div. LEXIS 3605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardy-v-cardy-nyappdiv-1956.