STEMPLER v. STEMPLER

Nos. 5587N, 100939/09.

88 A.D.3d 574 (2011)

931 N.Y.S.2d 232

2011 NY Slip Op 7368

RANDALL I. STEMPLER, Respondent, v. HEDY SLOANE STEMPLER et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 20, 2011.


The Stempler defendants' (defendants) appeal from an order that declined to require a more definitive statement in plaintiff's amended complaint was not appealable as of right (see CPLR 5701 [b] [2]). Defendants argued that the lengthy amended complaint was intended to harass, in that it was prolix, verbose, unnecessarily repetitious, and contained immaterial allegations. While the amended complaint arguably could have been more "plain and concise" in its terms, the...

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