Continental Insurance v. Post

Appellate Division of the Supreme Court of New York

Continental Insurance v. Post

271 A.D.2d 811

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 30, 1946

StatusPublished

This text of 271 A.D.2d 811 (Continental Insurance v. Post) 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.

Bluebook

Continental Insurance v. Post, 271 A.D.2d 811 (N.Y. Ct. App. 1946).

Pincite

Opinion

Order affirmed, with $10 costs and disbursements. Memorandum: [812]*812The motion, having been made under rule 109 of the Rules of Civil Practice should be determined solely on that portion of the answer which has been attacked. Whether or not the proposed defense of res judicata is available to the defendants, can only be determined on the trial of the facts. All concur. (The order denies plaintiff’s motion to strike out the defense of res judicata in defendants’ answer.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ.

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Order affirmed, with $10 costs and disbursements. Memorandum: [812]*812The motion, having been made under rule 109 of the Rules of Civil Practice should be determined solely on that portion of the answer which has been attacked. Whether or not the proposed defense of res judicata is available to the defendants, can only be determined on the trial of the facts. All concur. (The order denies plaintiff’s motion to strike out the defense of res judicata in defendants’ answer.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ.

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Bluebook (online)

271 A.D.2d 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-insurance-v-post-nyappdiv-1946.