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Straus v. Seifter

148 N.Y.S. 1145 Court N.Y. App. Div. Decision date 1914-07-31 English

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p. 1145
STRAUS, Appellant, v. SEIFTER et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
July 31, 1914.)

Headnote

Action by Pauline Straus against Frederick Seifter and others.

The matter set up in the ninth paragraph of the complaint was simply evidentiary, and was stricken from the complaint properly. We think, however, that it was error to strike out the eleventh allegation of the complaint, as the matters there alleged were material and relevant to an action brought under section 2653a of the Code of Civil Procedure, as it then stood. Judgment and order reversed, and new trial granted; costs to abide the event.