Faroll v. National Surety Corp.

Appellate Division of the Supreme Court of New York

Faroll v. National Surety Corp.

13 A.D.2d 952, 216 N.Y.S.2d 563, 1961 N.Y. App. Div. LEXIS 9923

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

DecidedJune 27, 1961

StatusPublished

Cited by2 cases

This text of 13 A.D.2d 952 (Faroll v. National Surety Corp.) 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

Faroll v. National Surety Corp., 13 A.D.2d 952, 216 N.Y.S.2d 563, 1961 N.Y. App. Div. LEXIS 9923 (N.Y. Ct. App. 1961).

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Opinion

Order, entered on November 23, 1960, granting plaintiffs’ motion to strike five complete and one partial defense from defendant’s answer to the amended complaint, unanimously modified, on the law and on the facts to the extent of reinstating the partial defense, and otherwise affirmed, without costs. The five separate' complete defenses were properly Stricken from the answer. The matters alleged therein may be proved under the general denials in the pleading. Special Term erred, however, in granting the motion to strike the partial defense. It might develop at the trial that the partial defense is sufficient. We pass upon no other question or issue. Concur — Botein, P. J., Rabin, McNally, Eager and Bastow, JJ.

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Order, entered on November 23, 1960, granting plaintiffs’ motion to strike five complete and one partial defense from defendant’s answer to the amended complaint, unanimously modified, on the law and on the facts to the extent of reinstating the partial defense, and otherwise affirmed, without costs. The five separate' complete defenses were properly Stricken from the answer. The matters alleged therein may be proved under the general denials in the pleading. Special Term erred, however, in granting the motion to strike the partial defense. It might develop at the trial that the partial defense is sufficient. We pass upon no other question or issue. Concur — Botein, P. J., Rabin, McNally, Eager and Bastow, JJ.

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Bluebook (online)

13 A.D.2d 952, 216 N.Y.S.2d 563, 1961 N.Y. App. Div. LEXIS 9923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faroll-v-national-surety-corp-nyappdiv-1961.

Opinion

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