92 N.Y.S. 170 | N.Y. Sup. Ct. | 1904
Motion is made for an order directing plaintiffs to separately state and number two" causes of action alleged to be set forth in their amended complaint; directing plaintiffs to elect upon which cause of action they shall seek relief, and that all allegations setting forth other causes of action be stricken from the amended complaint, and further directing that plaintiffs make definite and certain several allegations thereof. The early history of the litigation is reported in Matter of Irvin, 68 App. Div. 158; 87 id. 466, and the facts need not be restated. In brief, the suit is brought by the children of Alexander P. Irvin.
Ordered accordingly.