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Jermyn v. Empire Trust Co.

132 A.D. 911 Court N.Y. App. Div. English

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p. 911
Joseph J. Jermyn, Respondent, v. Empire Trust Company, Appellant, Impleaded with Frederick F. Searing and Others, Copartners, Composing the Firm of Searing & Company, etc., and Others.

Headnote

Appeal from an order, entered in the Hew York county clerk’s office on the 11th day of February, 1909, denying a motion to strike from the complaint certain allegations as irrelevant and redundant.

The order appealed from should be modified so as to provide for

striking from the complaint paragraphs 33, 37 and 38 thereof as irrelevant. As so modified the order is affirmed, without costs. Present — Ingraham, McLaughlin, Clarke, Houghton and Scott, JJ, Order modified as directed in opinion, and as modified affirmed, without costs. Settle order on notice.