WEISS v. FIFTH WASHINGTON SQ. OWNING CORP.


37 Misc.2d 100 (1962)

Samuel Weiss et al., Plaintiffs, v. Fifth Washington Square Owning Corporation et al., Defendants.

Supreme Court, Special Term, New York County.

October 3, 1962


Attorney(s) appearing for the Case

Jacobs, Persinger & Parker for Fifth Washington Square Owning Corporation, defendant. Gerdes, Montgomery & Miller (Lester Nelson of counsel), for New York University, defendant. Goldwater & Flynn for Edna Manoville, defendant. Rhoades & Rhoades for plaintiffs.


GEORGE TILZER, J.

Defendant New York University moves for an order pursuant to rule 103 of the Rules of Civil Practice striking from the amended complaint as sham and frivolous, unnecessary and prejudicial the allegations of paragraph 35 and so much of the prayer for relief as demands judgment in favor of each of the plaintiffs against the moving defendant in the sum of $500,000 and for an order limiting the damage alleged to $20,000. The amended complaint...

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