City of New York Municipal Court, 1897

Emmons v. McMillan Co.

Emmons v. McMillan Co.
City of New York Municipal Court · Decided May 15, 1897 · Conlan
20 Misc. 400; 45 N.Y.S. 1026

Counsel

Lawrence Godkin, for appellant., Kronenfeld & Harris, for respondent.

Emmons v. McMillan Co.

Opinion of the Court

Conlan, J.

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.