Straus v. Seifter

The matter set up in the,9th paragraph of the complaint was .simply evidentiary and was stricken from the complaint properly. We think, however, that it was error to strike out the 11th allegation of the complaint, as the matters there alleged were material and relevant to an action brought under section 2653a of the Code of Civil Procedure, as it then stood. Judgment and order reversed and new trial granted, costs to abide the event. Burr, Carr, Rich, Stapleton and Putnam, JJ., concurred.