Levine v. Gottlieb

Motion by defendants Gottlieb and Simon to (1) strike certain allegations of the complaint as sham under rule 103 of the Rules of Civil Practice, and (2) to add a party defendant under rule 102 of the Rules of Civil Practice.

*1018The plaintiff consents to striking all allegations to which the motion refers except paragraph 11 Ninth ’ \ However, as the papers submitted clearly reveal that allegation to be false, it will be stricken.

The plaintiff also consents to be added as a party defendant in his capacity as executor.

By cross motion the plaintiff applies for the appointment of a receiver or the…