Douglas v. Tomkins Realty Corp.

This is a motion to strike paragraph “ 11 ” from the complaint pursuant to rule 103 of the Rules of Civil Practice. In view of the nature of the allegations of the entire complaint, and in light of the further disposition hereinafter made, it cannot be said at this posture of the litigation that the matter is irrelevant, unnecessary, impertinent or scandalous or otherwise objectionable. Where evidence of the facts pleaded in the allegations sought to be stricken has any bearing on the subject matter of the litigation, the motion to strike out such allegations as irrelevant, etc., will be…