GALASSI v. SERVEL, INC.


279 A.D. 784 (1952)

Gaetano Galassi, as Administrator of The Estates of Antonio Galassi and Another, Deceased, Respondent, v. Servel, Inc., et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 29, 1952.


Paragraphs sixteenth and seventeenth of the complaint plead evidence which might or might not be admissible at the trial, depending on the facts, and which in the complaint is unnecessary and possibly prejudicial. The paragraphs should therefore be striken. If plaintiff wishes to amend the complaint as between paragraphs fourteenth and fifteenth to allege that either by reason of defendant's alleged knowledge of danger at the time the refrigerators were sold, or subsequently...

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