From Casetext: Smarter Legal Research

D'Espinay v. Gilchrist

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1953
282 App. Div. 662 (N.Y. App. Div. 1953)

Opinion

June 9, 1953.

Present — Peck, P.J., Glennon, Cohn, Callahan and Breitel, JJ.


While motions to strike matter from a pleading under rule 103 of the Rules of Civil Practice are not generally regarded with favor by the court, the allegations in the complaint in this action relating to the residence of the parties has no possible relevancy to the motion and should not be drawn into issue. The evidentiary matter objected to has no apparent necessary connection with the action and requiring defendant to plead thereto might likewise put in issue matter which is objectionable. We do not mean to indicate one way or the other as to whether the evidence with respect to the checks should be admitted. That can await the showing at the trial. The plaintiff cannot be prejudiced by striking the matter from the pleading, and the defendant may be saved prejudice thereby. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion granted.


Summaries of

D'Espinay v. Gilchrist

Appellate Division of the Supreme Court of New York, First Department
Jun 9, 1953
282 App. Div. 662 (N.Y. App. Div. 1953)
Case details for

D'Espinay v. Gilchrist

Case Details

Full title:CHARLES L. D'ESPINAY, Respondent, v. THOMAS B. GILCHRIST, as Ancillary…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 9, 1953

Citations

282 App. Div. 662 (N.Y. App. Div. 1953)

Citing Cases

Margos v. Gonzales

no possible bearing on the subject matter of the litigation" and that substantial prejudice to the defendant…

General Acc. Assur. Corp. v. Licht

While motions to strike out matters from a pleading are not regarded with favor by the court, they are…