Appellate Division of the Supreme Court of New York, 1940

Kuhne v. Title Guarantee & Trust Co.

Kuhne v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of New York · Decided January 8, 1940
258 A.D. 970; 17 N.Y.S.2d 880; 1940 N.Y. App. Div. LEXIS 8483
Kuhne v. Title Guarantee & Trust Co.

Opinion of the Court

Order granting defendant’s motion, under rule 103 of the Rules of Civil Practice, to strike from the amended complaint subdivisions “ (c) ” and “ (d) ” of paragraph “ Twelfth ” and from paragraph “ Thirteenth ” the words that the property was employed for illegal enterprises,” *971reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendant to answer within ten days from the entry of the order hereon. In our opinion the allegations struck out are relevant. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.