BOND v. SMITH


52 Misc.2d 186 (1966)

Sharon Bond, an Infant, by Warren S. Bond, Her General Guardian, et al., Plaintiffs, v. George M. Smith et al., Defendants.

Supreme Court, Erie County.

November 7, 1966


Attorney(s) appearing for the Case

Pottle, O'Shea, Adamson & Reynolds (Philip J. O'Shea of counsel), for George M. Smith, defendant. Emanuel Boasberg and Alan H. Levine for plaintiffs.


HAROLD P. KELLY, J.

The defendants move to strike from the complaint allegations in the first sentence of paragraph numbered "SEVENTEENTH" upon the grounds that these allegations are scandalous, prejudicial and unnecessarily inserted in the complaint. The pertinent part of the paragraph in question is as follows: "That as a result of the actions hereinbefore described, the infant plaintiff's husband sustained...

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