Horr v. Wessels

Appellate Division of the Supreme Court of New York

Horr v. Wessels

253 A.D. 754, 1 N.Y.S.2d 660, 1937 N.Y. App. Div. LEXIS 5470

Appellate Division of the Supreme Court of the State of New York·Decided December 24, 1937·Published

Opinion

In an action to recover damages for personal injuries sustained as the result of a nuisance created by the negligent construction of a sidewalk by defendants, order granting plaintiffs’ motion to strike out as sham and frivolous, pursuant to rule 103 of the Rules of Civil Practice, certain parts of the defense contained in the fourth paragraph of the answer, affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Carswell, Davis, Johnston and Adel, JJ., concur.

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In an action to recover damages for personal injuries sustained as the result of a nuisance created by the negligent construction of a sidewalk by defendants, order granting plaintiffs’ motion to strike out as sham and frivolous, pursuant to rule 103 of the Rules of Civil Practice, certain parts of the defense contained in the fourth paragraph of the answer, affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Carswell, Davis, Johnston and Adel, JJ., concur.

Horr v. Wessels, 253 A.D. 754, 1 N.Y.S.2d 660, 1937 N.Y. App. Div. LEXIS 5470 (N.Y. Ct. App. 1937).

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