D'ESPINAY v. GILCHRIST


282 A.D. 662 (1953)

Charles L. d'Espinay, Respondent, v. Thomas B. Gilchrist, as Ancillary Executor of Jean F. d'Espinay, Deceased, Appellant

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

June 9, 1953.


While motions to strike matter from a pleading under rule 103 of the Rules of Civil Practice are not generally regarded with favor by the court, the allegations in the complaint in this action relating to the residence of the parties has no possible relevancy to the motion and should not be drawn into issue. The evidentiary matter objected to has no apparent necessary connection with the action and requiring defendant to plead thereto might likewise put in issue matter which...

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