Wax v. Sacks

282 A.D. 1045 | N.Y. App. Div. | 1953

Order unanimously modified so as to eliminate the provision that paragraphs 11(a), 11(d), 11(f), 11(h) and 11 (i) shall be omitted from any amended complaint. We feel it would be preferable not to restrict matter in the new pleading in advance. The propriety or sufficiency may be tested by appropriate motion. As so modified the order is affirmed. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.