SEC. BANK OF L. I. v. HEANEY


20 Misc.2d 653 (1959)

Security National Bank of Long Island, Plaintiff, v. George A. Heaney, Defendant.

Supreme Court, Special Term, Queens County.

October 27, 1959.


Attorney(s) appearing for the Case

Eisenberg & Rockower for defendant.

George E. Moccaro for plaintiff.


CHARLES MARGETT, J.

The defendant's motion to strike paragraph Fifth from the first cause of action, under rule 103 of the Rules of Civil Practice, is granted since the matter therein set forth is evidentiary. If it becomes material and relevant to the establishment of plaintiff's cause of action at the trial, it may be admitted into evidence. (Gluck v. Pickel, 286 App. Div. 1071.)

Insofar as...

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