Holzberg v. Feuerstein

Appellate Division of the Supreme Court of New York

Holzberg v. Feuerstein

78 A.D.2d 898, 434 N.Y.S.2d 1010, 1980 N.Y. App. Div. LEXIS 13646

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

DecidedNovember 24, 1980

StatusPublished

This text of 78 A.D.2d 898 (Holzberg v. Feuerstein) 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

Holzberg v. Feuerstein, 78 A.D.2d 898, 434 N.Y.S.2d 1010, 1980 N.Y. App. Div. LEXIS 13646 (N.Y. Ct. App. 1980).

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Opinion

In an action to recover the value of legal services allegedly rendered, plaintiff appeals from so much of an order of the Supreme Court, Westchester County, entered July 9,1980, as denied that part of his motion, which is to dismiss the first, second and third affirmative defenses in the amended answer. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and that part of plaintiff’s motion which is to dismiss the defendants’ first, second and third affirmative defenses is granted. The first, second and third affirmative defenses of the amended answer plead mere conclusions of law and are totally bereft of factual data (see Glenesk v Guidance Realty Corp., 36 AD2d 852). They cannot be sustained by drawing upon dismissed counterclaims from the superseded original answer. Damiani, J. P., Cohalan, Margett and Weinstein, JJ., concur.

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In an action to recover the value of legal services allegedly rendered, plaintiff appeals from so much of an order of the Supreme Court, Westchester County, entered July 9,1980, as denied that part of his motion, which is to dismiss the first, second and third affirmative defenses in the amended answer. Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, and that part of plaintiff’s motion which is to dismiss the defendants’ first, second and third affirmative defenses is granted. The first, second and third affirmative defenses of the amended answer plead mere conclusions of law and are totally bereft of factual data (see Glenesk v Guidance Realty Corp., 36 AD2d 852). They cannot be sustained by drawing upon dismissed counterclaims from the superseded original answer. Damiani, J. P., Cohalan, Margett and Weinstein, JJ., concur.

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Bluebook (online)

78 A.D.2d 898, 434 N.Y.S.2d 1010, 1980 N.Y. App. Div. LEXIS 13646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holzberg-v-feuerstein-nyappdiv-1980.

Opinion

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