Corn Products Refining Co. v. Transmarine Corp.

220 A.D. 731

Opinion

Order in so far as it denied plaintiff’s motion addressed to certain portions of defendant’s answer modified in the following respects: (1) So much of the allegation contained in the 4th paragraph as denies knowledge or information sufficient to form a belief that defendant carried plaintiff’s merchandise on the steamship Sugillenco to San Francisco, is stricken out as sham, upon the ground that the allegation is a matter within defendant’s knowledge (Duggan v. Lubbin, 219 App. Div. 433); (2) defendant is required to separately state and number the defenses set forth in paragraphs fourteenth and fifteenth of the answer; (3) paragraphs eighth and ninth of the answer are stricken out as insufficient in law, upon authority of South & Central American Commercial Co. v. Panama R. R. Co. (237 N. Y. 287); and as so modified, order affirmed, without costs. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.