Gray v. Rife

Appellate Division of the Supreme Court of New York

Gray v. Rife

260 A.D. 862, 23 N.Y.S.2d 556, 1940 N.Y. App. Div. LEXIS 5102

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1940·Published

Opinion

Order, so far as appealed from, denying plaintiff’s motion to strike out as insufficient in law the first affirmative defense in defendant’s amended answer, unanimously affirmed, without costs. Order, so far as appealed from, denying plaintiff’s motion under rule 103 of the Rules of Civil Practice to strike out certain allegations and exhibits contained in the first affirmative defense, unanimously modified by striking from defendant’s amended answer the exhibit annexed and subjoined to Exhibit F containing the observations of the Municipal Court justice on the motion to set aside the verdict, and, as so modified, affirmed, without costs. No opinion. Present — Martin, P. J., O’Malley, Untermyer, Dore and Cohn, JJ.

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Order, so far as appealed from, denying plaintiff’s motion to strike out as insufficient in law the first affirmative defense in defendant’s amended answer, unanimously affirmed, without costs. Order, so far as appealed from, denying plaintiff’s motion under rule 103 of the Rules of Civil Practice to strike out certain allegations and exhibits contained in the first affirmative defense, unanimously modified by striking from defendant’s amended answer the exhibit annexed and subjoined to Exhibit F containing the observations of the Municipal Court justice on the motion to set aside the verdict, and, as so modified, affirmed, without costs. No opinion. Present — Martin, P. J., O’Malley, Untermyer, Dore and Cohn, JJ.

Gray v. Rife, 260 A.D. 862, 23 N.Y.S.2d 556, 1940 N.Y. App. Div. LEXIS 5102 (N.Y. Ct. App. 1940).

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