Stokes v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Star Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of December, 1901, striking out certain allegations in the answer as irrelevant, redundant and scandalous.
1Opinion of the Court
Van Brunt, P. J.:
We are of the opinion that motions of this kind should be granted only in cases where it is evident that the allegations questioned, if allowed to remain as a part of the record, will work an injustice to the moving party. It is often difficult to determine upon pleadings themselves whether or not allegations contained therein will be irrelevant and redundant when the facts are developed upon the *22trial, as the course of the evidence frequently makes that, which at first blush might seem irrelevant to be pertinent to the peculiar phase which the case assumes. In the case at…
2Cited by9 opinions
- Wayte v. Bowker Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Cohalan v. New York World-Telegram Corp.New York Supreme Court · 1939
- McAvoy v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Melman v. News Syndicate Co.Appellate Division of the Supreme Court of the State of New York · 1933
- Russo v. HowardNew York Supreme Court · 1926
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