Dovan v. Dinsmore
New York Supreme Court
APPEAL from an order made at a special term directing portions of the joint answer of four of the defendants to be struck out as irrelevant and redundant.
1Opinion of the CourtBonney, J.
The defendants Dinsmore and Sanford, and Shoemaker, impleaded with two others, have put in a joint answer. The plaintiff, on motion, obtained an order, under section 160 of the code, to strike out parts of the answer as “ irrelevant and redundantand from that order the said three defendants have appealed.
It is not claimed that the matter so stricken out is redundant, except for the reason and upon the ground that it is *88irrelevant; and consequently the question of the relevancy of such matter is alone to be considered.
The test, as I understand it, by which we may determine whether the denials…
2Cited by5 opinions
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