Munson Realty Co. v. Melrose Bond & Mortgage Corp.

233 A.D. 851 | N.Y. App. Div. | 1931

Resettled order denying motion to strike out certain paragraphs of the complaint affirmed, in so far as appealed from, with ten dollars costs and disbursements, with leave to defendant to answer within ten days from the entry of the order herein. In our opinion the denial of the motion was a proper exercise of discretion. The trial court may determine the proper measure of damage when the facts are disclosed. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.