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

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

DecidedOctober 31, 1983

StatusPublished

This text of 97 A.D.2d 534 (Howell v. Michael I. Levine International Travel, Inc.) 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

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

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.

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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.

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Bluebook (online)

97 A.D.2d 534, 468 N.Y.S.2d 579, 1983 N.Y. App. Div. LEXIS 20139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-michael-i-levine-international-travel-inc-nyappdiv-1983.