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Jermyn v. Empire Trust Co.

117 N.Y.S. 1137 Court N.Y. App. Div. Decision date 1909-05-28 English

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p. 1137
JERMYN v. EMPIRE TRUST CO. et al.
(Supreme Court, Appellate Division, First Department.
May 28, 1909.)

Headnote

Appeal from Special Term, New York County. Action by Joseph J. Jermyn against the Empire Trust Company and others. From an order denying a motion to strike from the complaint certain allegations as irrelevant and redundant, defendant company appeals.
Modified and affirmed.
T. F. Gilroy, Jr., for appellant.
Barbour, Rush & Hare, for respondent.

The order appealed from should be modified, so as to provide for striking from the complaint paragraphs 23, 27, and 28 thereof as irrelevant. As so modified, the order is affirmed, without costs.