74 N.Y.S. 528 | N.Y. App. Div. | 1902
We are of the opinion that motions of this kind should be granted only in cases where it is evident that the allegations questioned, if allowed to remain as a part of the record, will work an injustice to the moving party. It is often difficult to determine upon pleadings themselves whether or not allegations contained therein will be irrelevant and redundant when the facts are developed upon the
The order appealed from should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs to abide event.
O’Brien, Ingraham and Hatch, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars .costs to abide event.