Flegenheimer v. Bergl

Appellate Division of the Supreme Court of New York

Flegenheimer v. Bergl

283 A.D. 1054, 131 N.Y.S.2d 490, 1954 N.Y. App. Div. LEXIS 6292

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

DecidedJune 21, 1954

StatusPublished

This text of 283 A.D. 1054 (Flegenheimer v. Bergl) 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

Flegenheimer v. Bergl, 283 A.D. 1054, 131 N.Y.S.2d 490, 1954 N.Y. App. Div. LEXIS 6292 (N.Y. Ct. App. 1954).

Pincite

Opinion

Order, so far as appealed from, unanimously reversed and the motion granted, with leave to replead as a partial defense so much of the allegations of the stricken pleading as is appropriate as a partial defense. The vice in allowing the defense as presently pleaded to stand as a partial defense is that it is largely conceived and framed as a counterclaim which is not allowed. Much of it is inappropriate as a defense and should not be allowed to stand as such. In the interest of a proper joining and limiting of issues, any partial defense should be properly framed and limited to allegations of proper defense. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Breitel and Bergan, JJ.

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Order, so far as appealed from, unanimously reversed and the motion granted, with leave to replead as a partial defense so much of the allegations of the stricken pleading as is appropriate as a partial defense. The vice in allowing the defense as presently pleaded to stand as a partial defense is that it is largely conceived and framed as a counterclaim which is not allowed. Much of it is inappropriate as a defense and should not be allowed to stand as such. In the interest of a proper joining and limiting of issues, any partial defense should be properly framed and limited to allegations of proper defense. Settle order on notice. Present — Peek, P. J., Dore, Cohn, Breitel and Bergan, JJ.

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Bluebook (online)

283 A.D. 1054, 131 N.Y.S.2d 490, 1954 N.Y. App. Div. LEXIS 6292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flegenheimer-v-bergl-nyappdiv-1954.