Appellate Division of the Supreme Court of New York, 1941

German v. German

German v. German
Appellate Division of the Supreme Court of New York · Decided March 21, 1941
261 A.D. 948; 27 N.Y.S.2d 421; 1941 N.Y. App. Div. LEXIS 8246
German v. German

Opinion of the Court

Defendant did not move to dismiss the cause of action for a declaratory judgment nor to separately state and number, but only to strike out certain allegations as irrelevant. The allegations stricken out are clearly material and relevant. Order unanimously reversed and the motion denied, with leave to the defendant to answer within ten days after service of a copy of order with notice of entry. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.

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