Caan v. Steir
This text of 241 A.D. 588 (Caan v. Steir) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The complaint states a cause of action. It may be that on the trial the allegations will not be proved. By the answer the defendants very properly plead facts which may, if proved, defeat the plaintiff’s cause of action. It will be necessary to proceed to trial to determine the issues.
The order granting defendants’ motion for judgment on the pleadings should be reversed, with twenty dollars costs and disbursements, and said motion denied. The order denying plaintiff’s motion to strike out defenses" and denials should be affirmed.
Present—-'Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.; Finch, P. J., dissents and votes for affirmance on the first appeal.
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Cite This Page — Counsel Stack
241 A.D. 588, 272 N.Y.S. 774, 1934 N.Y. App. Div. LEXIS 8314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caan-v-steir-nyappdiv-1934.