Order of May 9, 1949, insofar as appealed from, reversed on the law, with $10 costs and disbursements, and motion, insofar as it related to paragraph "Fifteen" of plaintiff's amended complaint, denied, without costs.
The allegations of paragraph "Fifteen" are neither irrelevant, redundant, repetitious or unnecessary, nor do they tend to prejudice, embarrass or delay the trial of the action. On the contrary, plaintiff was required to plead the facts alleged, in the...
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