Emmons v. McMillan Co.
Emmons v. McMillan Co.
20 Misc. 400; 45 N.Y.S. 1026
Opinion of the Court
Appeal from an order striking out paragraphs 3 and 4 of the defendant’s answer as redundant and irrelevant.
The courts do not favor motions to expunge portions of pleadings. The appropriate remedy for plaintiff is by demurrer or by motion on the trial.
The order, appealed for must be reversed, with costs.
Schuohmaw, J., concurs.
•Order reversed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.