Gray v. Wittnebel

Appellate Division of the Supreme Court of New York

Gray v. Wittnebel

236 A.D. 851

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1932·No. Appeal No. 2·Published

Opinion

— Order modified so as to provide that paragraph 27 of the amended answer be struck out, and as so modified affirmed, without costs. In our opinion the challenged paragraphs, with the exception of 27, state facts that defendant may prove in justification or in mitigation of damages. The examination provided for in the order may proceed on five days’ notice. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

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— Order modified so as to provide that paragraph 27 of the amended answer be struck out, and as so modified affirmed, without costs. In our opinion the challenged paragraphs, with the exception of 27, state facts that defendant may prove in justification or in mitigation of damages. The examination provided for in the order may proceed on five days’ notice. Lazansky, P. J., Young, Kapper, Seudder and Tompkins, JJ., concur.

Gray v. Wittnebel, 236 A.D. 851 (N.Y. Ct. App. 1932).

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