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Nasmie Construction Co., Inc. v. Quasman

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1925
215 App. Div. 724 (N.Y. App. Div. 1925)

Opinion

November, 1925.


Order granting motion to strike out the 6th paragraph of defendant Quasman's answer reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The power of the court to strike out irrelevant and redundant matter should be exercised with caution. To authorize the exercise of the court's discretion in that respect, the irrelevancy must be clear and the redundancy unquestioned; and it also must appear that the moving party is aggrieved thereby. ( Savage Realty Co. v. Lust, 203 App. Div. 55; Wayte v. Bowker Chemical Co., 196 id. 665.) Kelly, P.J., Rich, Jaycox, Young and Kapper, JJ., concur.


Summaries of

Nasmie Construction Co., Inc. v. Quasman

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1925
215 App. Div. 724 (N.Y. App. Div. 1925)
Case details for

Nasmie Construction Co., Inc. v. Quasman

Case Details

Full title:NASMIE CONSTRUCTION CO., INC., Respondent, v. ETHEL QUASMAN, Appellant…

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

Date published: Nov 1, 1925

Citations

215 App. Div. 724 (N.Y. App. Div. 1925)

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