Boasberg v. Munson

285 A.D. 1113 | N.Y. App. Div. | 1955

Motion granted to the extent of striking out paragraphs 7 and 8 and that portion of paragraph 9 to which the objection is directed by the motion; motion insofar as it seeks to strike from the return respondent’s Exhibit “ A ”, being a transcript of the testimony taken upon the trial, denied. Memorandum: We feel that we may consider the evidence in the case insofar as it bears upon the charge made and whether or not the charge as made justifies a general exception thereto.