Opinion
October 16, 1951.
Present — Peck, P.J., Glennon, Dore, Cohn and Shientag, JJ.
Many of the allegations appearing in plaintiff's complaint are irrelevant, immaterial and scandalous. Order unanimously modified, with $20 costs and disbursements to the appellant, by striking from the challenged pleading paragraphs "Fifteenth", "Twenty-Seventh", "Twenty-Eighth", "Twenty Ninth", "Thirtieth", "Thirty-Ninth", "Forty-Fourth" and "Forty-Fifth"; by striking from paragraph "Second" that portion thereof commencing with the words "looted and stole" and ending with "the dead body of" and substituting therefor "wrongfully converted"; by striking from paragraph "Sixteenth" the words "in conjunction with such relationship" and in paragraph "Thirty-Fourth" that portion thereof commencing with the words "for safekeeping and concealment" and ending with "Freundlich Novelty Corporation"; by eliminating from the first cause of action any reference to the wrist watch, pen and pencil. Defendant may answer within twenty days after service of a copy of the order to be entered herein with notice of entry. Settle order on notice.