In re City of New York

A motion is made to strike out as irrelevant and immaterial a portion of the petition in a proceeding brought to acquire certain real estate for public purposes. The portion complained of, being paragraph sixth, describes, as is stated in the opposing affidavit, with more technical precision, and in separate parcels, the same land that is embraced in the more general description contained in paragraph fourth. The only difference is that the one description treats the tract as a whole, including the public streets embraced therein, and also some pieces of property already owned by the city;…