Keenan v. Milk

Appellate Division of the Supreme Court of New York

Keenan v. Milk

166 A.D. 935, 151 N.Y.S. 1123, 1915 N.Y. App. Div. LEXIS 6938

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

DecidedJanuary 15, 1915

StatusPublished

This text of 166 A.D. 935 (Keenan v. Milk) 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

Keenan v. Milk, 166 A.D. 935, 151 N.Y.S. 1123, 1915 N.Y. App. Div. LEXIS 6938 (N.Y. Ct. App. 1915).

Pincite

Opinion

The matters alleged in the “first separate defense” in the answer of defendant Morris Milk do not constitute a defense to the cause of action set forth in the complaint. These matters were provable under the denials of the answer, and it was not proper pleading to set them up as an affirmative defense. Therefore, the motion of plaintiff to sustain his demurrer to these matters when pleaded as a defense should have been granted. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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The matters alleged in the “first separate defense” in the answer of defendant Morris Milk do not constitute a defense to the cause of action set forth in the complaint. These matters were provable under the denials of the answer, and it was not proper pleading to set them up as an affirmative defense. Therefore, the motion of plaintiff to sustain his demurrer to these matters when pleaded as a defense should have been granted. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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Bluebook (online)

166 A.D. 935, 151 N.Y.S. 1123, 1915 N.Y. App. Div. LEXIS 6938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keenan-v-milk-nyappdiv-1915.