Appellate Division of the Supreme Court of New York, 1952

Agins v. Kamket Corp.

Agins v. Kamket Corp.
Appellate Division of the Supreme Court of New York · Decided November 24, 1952
280 A.D. 992; 117 N.Y.S.2d 478; 1952 N.Y. App. Div. LEXIS 4520
Agins v. Kamket Corp.

Opinion of the Court

Appeal by defendant from so much of an order which denied its motion to strike paragraph 18 and part of paragraph 19 from the amended complaint, under rule 103 of the Rules of Civil Practice. Order, insofar as appealed from, modified on the law and the facts by striking from the second ordering paragraph the word denied ” and substituting therefor the word “ granted ”. As so modified, the order is affirmed, with $10 costs and disbursements to appellant. The denial of the motion was an improvident exercise of discretion. Carswell, Acting P. J., Johnston, MaeCrate and Schmidt, JJ., concur; Adel, J., not voting.

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