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MANCO DISTRIBS., INC. v. BIGELOW-SANFORD CARPET CO., INC.

11 A.D.2d 1088 (1960)

Manco Distributors, Inc., Respondent, v. Bigelow-Sanford Carpet Company, Inc., Appellant

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

October 27, 1960

Order unanimously affirmed, with $25 costs and disbursements.

Memorandum:

Motions under rule 103 of the Rules of Civil Practice to strike out a part of a complaint as sham or irrelevant are not favored and they will not be granted in the absence of a clear showing that the allegations have no possible bearing upon the subject matter of the litigation and that substantial prejudice will result if the allegations objected to are not stricken out (4 Carmody-Wait...

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