Virginia Iron, Coal & Coke Co. v. Brown

Concur — Botein, P. J., Rabin and McNally, JJ.; Breitel and Valente, JJ., dissent in the following memorandum: Of rule 90 of the Rules of Civil Practice, Tripp in Guide to Motion Practice (rev. ed., pp. 223-224) says: “ The relief rests in the sound discretion of the court. Rule 90 is a practice rule, the purpose of which is to require the pleading to be in such form that the party may make his denials with clearness and certainty and also to aid in the preparation for trial. (O’Hara v. Derschug, 232 App. Div. 31, 248 N. Y. S. 621; Carillon Ceramics Corp. v. Richmond Radiator Co., 60 N. Y. S.…