Appellate Division of the Supreme Court of New York, 1942

Simon v. Ireland & Taub Paper Co.

Simon v. Ireland & Taub Paper Co.
Appellate Division of the Supreme Court of New York · Decided December 22, 1942
265 A.D. 962; 38 N.Y.S.2d 604; 1942 N.Y. App. Div. LEXIS 6756
Simon v. Ireland & Taub Paper Co.

Opinion of the Court

While we recognize that the allegations contained in the second paragraph are immaterial to the cause of action alleged in the complaint, they are harmless to the *963defendant and of no benefit to the plaintiff. Therefore we are of opinion that such practice motions, involving no consequential matters, should be discouraged. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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