Halleran v. Manzione

257 A.D. 1003, 14 N.Y.S.2d 488, 1939 N.Y. App. Div. LEXIS 8882

Opinion

Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 852.] The following questions are certified:

1. Is the first “ separate defense ” sufficient in law to constitute a defense to the action?

2. Is the second “ separate defense ” sufficient in law to constitute a defense to the action?

3. Is the third “ separate defense ” sufficient in law to constitute a defense to the action?

4. Is the fourth “ separate defense ” (paragraph tenth thereof having been eliminated by the order of the Appellate Division) sufficient in law to constitute a defense to the action?

5. Is the fifth “ separate defense ” sufficient in law to constitute a defense to the action?

6. Is the sixth “ separate defense ” sufficient in law to constitute a partial defense to the action?

Present — Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ.