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WARD v. SMALLWOOD

12 A.D.2d 916 (1961)

Joe H. E. Ward, Appellant, v. J. William Smallwood et al., Copartners Doing Business under the Name of Carl H. Pforzheimer & Co., Respondents

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

February 21, 1961

Order, entered on September 12, 1960, granting defendants' motion, pursuant to rule 103 of the Rules of Civil Practice, to strike from the complaint paragraph 15 and the last sentence of paragraph 17, unanimously affirmed, on the law and on the facts, with $20 costs and disbursements to the respondents.

The matter stricken was evidentiary, or conclusory and argumentative in some instances; and, in any event, it was unnecessary...

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