EMPIE v. ENTWHISTLE


35 Misc.2d 674 (1962)

Richard Empie, an Infant, by Ralph Bartholomew, His Guardian ad Litem, Plaintiff, v. George W. Entwhistle et al., Defendants.

Supreme Court, Herkimer County.

July 30, 1962


Attorney(s) appearing for the Case

Bartle Gorman for defendants. Philip D. O'Donnell for plaintiff.


BERT B. LOCKWOOD, J.

The defendants have moved pursuant to rule 103 of the Rules of Civil Practice for an order striking out paragraph "6" of plaintiff's complaint upon the ground the matter contained in said paragraph is sham, frivolous, irrelevant, redundant, unnecessary, impertinent or may tend to prejudice, embarrass or delay the fair trial of the above action. Paragraph "6" of the complaint in substance alleges that defendants had failed to obtain...

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