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GREENBERG v. NUSBAUM'S DEPT. STORE

35 Misc.2d 326 (1962)

Minnie Greenberg, Individually and as a Stockholder of Nusbaum's Department Store, Inc., Plaintiff, v. Nusbaum's Department Store, Inc., et al., Defendants.

Supreme Court, Special Term, Monroe County.

July 17, 1962

Attorney(s) appearing for the Case

Oviatt, Gilman, O'Brien, Forman & Clark (Percival D. Oviatt, Jr., of counsel), for defendants. MacFarlane, Harris, Martin, Kendall & Dutcher (Delon F. Mousaw of counsel), for plaintiff.

G. ROBERT WITMER, J.

Defendants have moved under rules 90, 102 and 103 of the Rules of Civil Practice for an order (1) requiring plaintiff to separately state and number what defendants deem to be several causes of action in her complaint, (2) requiring plaintiff to make her complaint more definite and certain, and (3) striking from the complaint certain paragraphs as irrelevant and prejudicial. We shall deal...

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