Opinion
December 22, 1942.
Order denying defendant's motion to strike from the complaint paragraph "Second" as irrelevant and immaterial, made pursuant to rule 103 of the Rules of Civil Practice, affirmed, with ten dollars costs and disbursements. While we recognize that the allegations contained in the second paragraph are immaterial to the cause of action alleged in the complaint, they are harmless to the defendant and of no benefit to the plaintiff. Therefore we are of opinion that such practice motions, involving no consequential matters, should be discouraged. Lazansky, P.J., Hagarty, Johnston, Taylor and Close, JJ., concur.