Slade v. American Exchange National Bank — 137 A.D. 938

Majority

p. 938

Howard Slade and Mary G. Slade, Appellants, v. The American Exchange National Bank, Respondent, Impleaded with Frank Squier and Others.

Headnote

Appeal from an order entered in the New York county clerk’s office on the 21st day of March, 1910, granting the motion of the defendant bank and striking out parts of the supplemental complaint as irrelevant.

The order should be modified by providing that paragraphs 1 to 21, both inclusive, paragraphs 84 to 31, both inclusive, and paragraphs 84 to 51, both" inclusive, of the supplemental complaint be stricken out as irrelevant. And the order should be further modified so as to provide that the plaintiffs may serve upon the defendant a supplemental complaint containing paragraphs 22, 23, 32, 33, 52 and 53 of the amended complaint heretofore served; within five days from the service of a copy of the order to be entered1 hereon, with notice of entry upón the attorneys for the plaintiffs. As so modified, the order appealed from should be affirmed, without costs. Present — Ingraham, P. J., Laughlin, Scott and Miller, JJ. Order modified as indicated in opinion, and as modified affirmed, without costs. Settle order on notice.