Smith v. Minissale

In an action to recover damages for personal injuries and loss of services as a result of an automobile accident, the defendant moves, pursuant to rule 103 of the Buies of Civil Practice to strike from the complaint as irrelevant, unnecessary, impertinent and tending to prejudice, embarrass. *115and delay the fair trial of the action, the following paragraph: “ Seventh: That on or about December 28th, 1946 the defendant was found guilty of passing a street car on the left at the time and place of the aforementioned occurrence in violation of Section 20 of the Traffic Code of the City of New York.”