German v. German

Defendant did not move to dismiss the cause of action for a declaratory judgment nor to separately state and number, but only to strike out certain allegations as irrelevant. The allegations stricken out are clearly material and relevant. Order unanimously reversed and the motion denied, with leave to the defendant to answer within ten days after service of a copy of order with notice of entry. Present — Martin, P. J., O’Malley, Townley, Untermyer and Dore, JJ.