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O'Connor v. Jonas

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1920
194 App. Div. 972 (N.Y. App. Div. 1920)

Opinion

December, 1920.


Order modified by omitting the provisions striking out matter in the original complaint relative to the assault and publication of the alleged arrest in the newspapers; and as modified affirmed, without costs of this appeal. The learned justice at Special Term has properly granted defendants' motion to compel the service of an amended complaint setting forth in plain, concise and simple language the alleged cause of action for false arrest and imprisonment which plaintiff admits is the single cause of action which he desires to present for trial. The amended complaint will take the place of the original pleading in all its details and allegations. Therefore, there is no necessity for striking out these particular allegations in the original complaint. Whether they will be repeated in the amended pleading, or if so repeated will be objectionable, cannot be determined here. Jenks, P.J., Mills, Rich, Kelly and Jaycox, JJ., concur.


Summaries of

O'Connor v. Jonas

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1920
194 App. Div. 972 (N.Y. App. Div. 1920)
Case details for

O'Connor v. Jonas

Case Details

Full title:EDMUND O'CONNOR, Appellant, v. NATHAN S. JONAS and Others, Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1920

Citations

194 App. Div. 972 (N.Y. App. Div. 1920)