ENGLISH v. GENOVESE


49 Misc.2d 321 (1966)

Irma D. English et al., Plaintiffs, v. Carmella Genovese et al., Defendants.

Supreme Court, Special Term, Onondaga County.

February 23, 1966


Attorney(s) appearing for the Case

Peluso & Lynch (George B. Peluso of counsel), for plaintiffs. Bernard Helfenstein and Irwin M. Strum for Carmella Genovese and another, defendants. Leslie H. Deming, Corporation Counsel, for City of Syracuse, defendant.


RICHARD D. SIMONS, J.

This is a motion to strike out certain parts of plaintiffs' complaint pursuant to CPLR 3024 (subd. [b]) on the grounds that the same are prejudicial matter unnecessarily inserted in the pleadings.

The action seeks to recover for personal injuries sustained by the plaintiff Irma D. English, and a derivative claim for damages sustained by her husband, by reason of a fall occurring January 26, 1965 on a public sidewalk in the...

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