STELLA FLOUR & FEED CORP. v. NAT'L CITY BANK


283 A.D. 709 (1954)

Stella Flour & Feed Corp., Respondent, v. National City Bank of New York, Appellant

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

February 23, 1954.


Per Curiam.

As defendant moved only under rule 103 and not under rule 106 of the Rules of Civil Practice, we limit consideration of the appeal to the rule under which the motion was made. However, paragraphs Seventeenth and Eighteenth of the complaint are clearly irrelevant and grossly prejudicial; and paragraph Sixteenth with nothing further added is purely repetitious. In addition, the clause "which are presently in the custody of the District Attorney of...

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