Howell v. Michael I. Levine International Travel, Inc.

Appellate Division of the Supreme Court of New York

Howell v. Michael I. Levine International Travel, Inc.

97 A.D.2d 534, 468 N.Y.S.2d 579, 1983 N.Y. App. Div. LEXIS 20139

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1983·Published

Opinion

In an action to recover damages for, inter alia, negligence and breach of contract, plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 20,1983, which denied their motion to dismiss the fourth affirmative defense set forth in defendants’ [535]*535answer. Order affirmed, without costs or disbursements, and without prejudice to renewal at trial. We agree with Special Term that the fourth affirmative defense is sufficiently pleaded to withstand a motion to dismiss. However, at the conclusion of the trial the plaintiffs may renew their motion if the proof so warrants. Mollen, P. J., Damiani, Mangano and Gulotta, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for, inter alia, negligence and breach of contract, plaintiffs appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 20,1983, which denied their motion to dismiss the fourth affirmative defense set forth in defendants’ [535]*535answer. Order affirmed, without costs or disbursements, and without prejudice to renewal at trial. We agree with Special Term that the fourth affirmative defense is sufficiently pleaded to withstand a motion to dismiss. However, at the conclusion of the trial the plaintiffs may renew their motion if the proof so warrants. Mollen, P. J., Damiani, Mangano and Gulotta, JJ., concur.

Howell v. Michael I. Levine International Travel, Inc., 97 A.D.2d 534, 468 N.Y.S.2d 579, 1983 N.Y. App. Div. LEXIS 20139 (N.Y. Ct. App. 1983).

Pincite

97 A.D.2d 534 (Howell v. Michael I. Levine International Travel, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.