Rothenberg v. Hunter

Order, entered on June 3, 1964 denying defendant’s motion to strike certain paragraphs of the complaint as prejudicial or in the alternative for partial summary judgment, unanimously affirmed, with $30 costs and disbursements to respondents. In thus- affirming the court does not pass upon the materiality of any of the allegations attacked or the admissibility of evidence offered thereunder. Concur — Breitel, J. P,, Valente, McNally, Eager and Steuer, JJ.