Kuhne v. Title Guarantee & Trust Co.

Appellate Division of the Supreme Court of New York

Kuhne v. Title Guarantee & Trust Co.

258 A.D. 970, 17 N.Y.S.2d 880, 1940 N.Y. App. Div. LEXIS 8483

Appellate Division of the Supreme Court of the State of New York·Decided January 8, 1940·Published

Opinion

Order granting defendant’s motion, under rule 103 of the Rules of Civil Practice, to strike from the amended complaint subdivisions “ (c) ” and “ (d) ” of paragraph “ Twelfth ” and from paragraph “ Thirteenth ” the words “ that the property was employed for illegal enterprises,” [971]*971reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendant to answer within ten days from the entry of the order hereon. In our opinion the allegations struck out are relevant. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

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Order granting defendant’s motion, under rule 103 of the Rules of Civil Practice, to strike from the amended complaint subdivisions “ (c) ” and “ (d) ” of paragraph “ Twelfth ” and from paragraph “ Thirteenth ” the words “ that the property was employed for illegal enterprises,” [971]*971reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendant to answer within ten days from the entry of the order hereon. In our opinion the allegations struck out are relevant. Lazansky, P. J., Hagarty, Johnston, Adel and Close, JJ., concur.

Kuhne v. Title Guarantee & Trust Co., 258 A.D. 970, 17 N.Y.S.2d 880, 1940 N.Y. App. Div. LEXIS 8483 (N.Y. Ct. App. 1940).

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