New York Supreme Court, 1929

Barnett v. Euromerican Cellulose Products Corp.

Barnett v. Euromerican Cellulose Products Corp.
New York Supreme Court · Decided December 31, 1929 · Mitchell
135 Misc. 675; 238 N.Y.S. 371; 1929 N.Y. Misc. LEXIS 1036

Counsel

Harry T. Zucker, for the plaintiffs., Gleason, McLanahan, Merritt & Ingraham [Walter Gordon Merritt of counsel], for moving defendants.

Barnett v. Euromerican Cellulose Products Corp.

Opinion of the Court

Mitchell, J.

Motion is denied. Motion to strike out portions of a pleading as irrelevant and redundant are addressed to the sound discretion of the court. They are not favored, especially in equity actions, and will be denied unless the court can clearly see that the allegations sought to be stricken out have no possible *676bearing upon the subject-matter of the litigation. (See Indelli v. Lesster, 130 App. Div. 548; Meyer v. Young, 49 id. 639.) The time of the moving defendants to answer or make any further motion with respect to the complaint is extended until ten days after the service of this order, with notice of entry.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.