Rizzo v. Petix

Appellate Division of the Supreme Court of New York

Rizzo v. Petix

248 A.D. 719

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1936·Published

Opinion

Order, so far as appealed from, denying motion of defendants-appellants to dismiss the second amended complaint, and for other relief, unanimously reversed, with twenty dollars costs and disbursements, the motion to dismiss the second amended complaint denied, and the motion to strike out portions of the said complaint as immaterial and irrelevant granted to the extent of striking out the parts objected to by the appellant in paragraphs 1, 3, 4, 12, 13 and 14 of said complaint. No opinion. Settle order on notice. Present —Martin, P. J., McAvoy, Townley, Untermyer and Cohn, JJ.

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Order, so far as appealed from, denying motion of defendants-appellants to dismiss the second amended complaint, and for other relief, unanimously reversed, with twenty dollars costs and disbursements, the motion to dismiss the second amended complaint denied, and the motion to strike out portions of the said complaint as immaterial and irrelevant granted to the extent of striking out the parts objected to by the appellant in paragraphs 1, 3, 4, 12, 13 and 14 of said complaint. No opinion. Settle order on notice. Present —Martin, P. J., McAvoy, Townley, Untermyer and Cohn, JJ.

Rizzo v. Petix, 248 A.D. 719 (N.Y. Ct. App. 1936).

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