Manco Distributors v. Bigelow-Sanford Carpet Company

Memorandum: Motions under rule 103 of the Rules of Civil Practice to strike out a part of a complaint as sham or irrelevant are not favored and they will not be granted in the absence of a clear showing that the allegations have no possible bearing upon the subject matter of the litigation and that substantial prejudice will result if the allegations objected to are not stricken out (4 Carmody-Wait, New York Practice, pp. 756-767, and cases there cited). There was no such showing here. The question sought to be raised by the appellant can be adequately dealt with by the trial court, without prejudice to the appellant. In affirming the order, we do not express any opinion as to the admissibility of evidence to support the allegations of the complaint attacked by the motion. Disposition Order unanimously affirmed, with $25 costs and disbursements.