Shore Line Industries, Inc. v. Hartford Accident & Indemnity Co.

Appellate Division of the Supreme Court of New York

Shore Line Industries, Inc. v. Hartford Accident & Indemnity Co.

45 A.D.2d 886, 358 N.Y.S.2d 164, 1974 N.Y. App. Div. LEXIS 4371

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

DecidedJuly 22, 1974

StatusPublished

This text of 45 A.D.2d 886 (Shore Line Industries, Inc. v. Hartford Accident & Indemnity Co.) 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

Shore Line Industries, Inc. v. Hartford Accident & Indemnity Co., 45 A.D.2d 886, 358 N.Y.S.2d 164, 1974 N.Y. App. Div. LEXIS 4371 (N.Y. Ct. App. 1974).

Pincite

Opinion

In an action inter alia to recover under a commercial blanket bond, defendant Hartford Accident and Indemnity Company appeals (by permission) from an order of the Supreme Court, Westchester County, entered December 7, 1973, which denied its motion to strike paragraph 30 of the complaint. Order reversed, with $20 costs and disbursements, and motion granted.' In our opinion, paragraph 30, which refers to an alleged conversation between counsel for the parties after service of the summons with notice, as part of plaintiff’s second cause of action seeking $400,000 in punitive damages, should be stricken on the ground that it contains scandalous and prejudicial matter unnecessarily inserted in the complaint. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action inter alia to recover under a commercial blanket bond, defendant Hartford Accident and Indemnity Company appeals (by permission) from an order of the Supreme Court, Westchester County, entered December 7, 1973, which denied its motion to strike paragraph 30 of the complaint. Order reversed, with $20 costs and disbursements, and motion granted.' In our opinion, paragraph 30, which refers to an alleged conversation between counsel for the parties after service of the summons with notice, as part of plaintiff’s second cause of action seeking $400,000 in punitive damages, should be stricken on the ground that it contains scandalous and prejudicial matter unnecessarily inserted in the complaint. Martuscello, Acting P. J., Latham, Shapiro, Benjamin and concur.

Cite This Page — Counsel Stack

Bluebook (online)

45 A.D.2d 886, 358 N.Y.S.2d 164, 1974 N.Y. App. Div. LEXIS 4371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shore-line-industries-inc-v-hartford-accident-indemnity-co-nyappdiv-1974.