Kamp v. In Sportswear Inc.

Appellate Division of the Supreme Court of New York

Kamp v. In Sportswear Inc.

39 A.D.2d 869, 332 N.Y.S.2d 983, 1972 N.Y. App. Div. LEXIS 4314

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 1972·Published·Cited by 6 cases

Opinion

Order of Appellate Term, First Department, entered on January 31, 1972, affirming an order of the Civil Court, entered on June 21, 1971, granting defendant’s cross motion to dismiss the complaint and denying plaintiff’s motion to preclude the defendant for failure to serve a bill of particulars with reference to affirmative defenses and to strike defendant’s answers for failure to appear at examinations before trial, unanimously reversed, on the law, for the reasons stated in the dissenting opinion of Mr. Justice Lupiano at the Appellate Term. The order of the Civil Court is likewise reversed, on the law, the cross motion denied and the motions in chief remitted to the Civil Court for determination. Appellant shall recover of respondent $50 costs and disbursements of this appeal. Concur — McGivern, J. P. Kupferman, Murphy, McNally and Eager, JJ. [70 Misc 2d 898.]

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Order of Appellate Term, First Department, entered on January 31, 1972, affirming an order of the Civil Court, entered on June 21, 1971, granting defendant’s cross motion to dismiss the complaint and denying plaintiff’s motion to preclude the defendant for failure to serve a bill of particulars with reference to affirmative defenses and to strike defendant’s answers for failure to appear at examinations before trial, unanimously reversed, on the law, for the reasons stated in the dissenting opinion of Mr. Justice Lupiano at the Appellate Term. The order of the Civil Court is likewise reversed, on the law, the cross motion denied and the motions in chief remitted to the Civil Court for determination. Appellant shall recover of respondent $50 costs and disbursements of this appeal. Concur — McGivern, J. P. Kupferman, Murphy, McNally and Eager, JJ. [70 Misc 2d 898.]

Kamp v. In Sportswear Inc., 39 A.D.2d 869, 332 N.Y.S.2d 983, 1972 N.Y. App. Div. LEXIS 4314 (N.Y. Ct. App. 1972).

Pincite

39 A.D.2d 869 (Kamp v. In Sportswear Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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