Ferrainolo v. Prudential Insurance

Appellate Division of the Supreme Court of New York

Ferrainolo v. Prudential Insurance

12 A.D.2d 720, 208 N.Y.S.2d 136, 1960 N.Y. App. Div. LEXIS 6815

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1960·Published·Cited by 1 cases

Opinion

Order unanimously modified by striking therefrom the third ordering paragraph and as modified affirmed, with $25 costs and disbursements to the plaintiff-respondent. Memorandum: In our opinion it was [721]*721error to permit the plaintiff to serve a reply to the affirmative defense set forth in the answer. (See Hardecker v. Klem, 249 App. Div. 736; Taubenfeld v. Taubenfeld, 197 Misc. 1072.) (Appeal from order of Monroe Special Term denying defendant’s motion for summary judgment and -granting plaintiff’s cross motion to serve a reply and for a separate trial of the defense of release.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.

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Order unanimously modified by striking therefrom the third ordering paragraph and as modified affirmed, with $25 costs and disbursements to the plaintiff-respondent. Memorandum: In our opinion it was [721]*721error to permit the plaintiff to serve a reply to the affirmative defense set forth in the answer. (See Hardecker v. Klem, 249 App. Div. 736; Taubenfeld v. Taubenfeld, 197 Misc. 1072.) (Appeal from order of Monroe Special Term denying defendant’s motion for summary judgment and -granting plaintiff’s cross motion to serve a reply and for a separate trial of the defense of release.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.

Ferrainolo v. Prudential Insurance, 12 A.D.2d 720, 208 N.Y.S.2d 136, 1960 N.Y. App. Div. LEXIS 6815 (N.Y. Ct. App. 1960).

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Opinion

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