Legal Opinion
In re the Estate of Nachman
New York Surrogate's Court
Decided March 2, 1959PublishedCited by 2 opinions
1Opinion of the Court
John D. Bennett, S.
(A) Motions pursuant to rule 103 of the Rules of Civil Practice.
These are motions made by petitioner pursuant to rule 103 of the Rules of Civil Practice to strike out the first affirmative defense of each of the respondents. The granting of such a motion is in the court’s discretion (4 Carmody-Wait, New York Practice, p. 767).
In Riesenberger v. Sullivan (1 A D 2d 1050, 1051) the court said: “ Motions to strike out parts of a pleading as unnecessary and improper are not favored and will be denied unless the court can clearly see that the allegations sought to be struck out…
2Cases cited9 opinions
- Solomon v. LaGuardiaAppellate Division of the Supreme Court of the State of New York · 1944
- North v. RinglingNew York Supreme Court · 1946
- In re the Probate of the Will of VeederNew York Surrogate's Court · 1957
- Michigan Steamship Co. v. American Bonding Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Chesny v. ChesnyAppellate Division of the Supreme Court of the State of New York · 1951
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re the Probate of the Will of ReynoldsAppellate Division of the Supreme Court of the State of New York · 1972
- In re the Estate of ReisNew York Surrogate's Court · 1965