Berger Service Cleaning & Dyeing Corp. v. Fleischman

Appellate Division of the Supreme Court of New York

Berger Service Cleaning & Dyeing Corp. v. Fleischman

246 A.D. 587

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Action to enjoin unfair competition. Order denying plaintiff’s motion to strike out the first and second affirmative defenses in the answer as insufficient, for judgment on the pleadings, and to strike out the second complete affirmative defense as frivolous, affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Untermyer, J., dissents and votes to modify by striking out the first defense.

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Action to enjoin unfair competition. Order denying plaintiff’s motion to strike out the first and second affirmative defenses in the answer as insufficient, for judgment on the pleadings, and to strike out the second complete affirmative defense as frivolous, affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Untermyer, J., dissents and votes to modify by striking out the first defense.

Berger Service Cleaning & Dyeing Corp. v. Fleischman, 246 A.D. 587 (N.Y. Ct. App. 1935).

Pincite

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