English v. Genovese

This is a motion to strike out certain parts of plaintiffs’ complaint pursuant to CPLR 3024 (subd. [b]) on the grounds that the same are prejudicial matter unnecessarily inserted in the pleadings.

The action seeks to recover for personal injuries sustained by the plaintiff Irma D. English, and a derivative claim for damages sustained by her husband, by reason of a fall occurring January 26, 1965 on a public sidewalk in the City of Syracuse in front of premises owned by defendants Genovese.

The offending portions of the complaint are paragraph 30, which refers to Exhibit A, and Exhibit A, which…