GLUCK v. PICKEL


286 A.D. 1071 (1955)

Arthur Gluck, Respondent, v. Carol Pickel et al., Appellants

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

November 7, 1955.


MEMORANDUM BY THE COURT.

The order should be modified to strike paragraphs 6, 7, 8, 9, 10 and 12 of the complaint, with $10 costs and disbursements to appellants and, as so modified, affirmed, with leave to respondent to replead. It is not apparent that the allegations of those paragraphs are relevant to the cause of action stated and they are at most evidentiary. They should, therefore, be stricken under rule 103 of the Rules of Civil Practice, although upon the...

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