Knoll v. Cape Cod Sea Food Restaurant, Ltd.

Appellate Division of the Supreme Court of New York

Knoll v. Cape Cod Sea Food Restaurant, Ltd.

23 A.D.2d 584, 257 N.Y.S.2d 568, 1965 N.Y. App. Div. LEXIS 4803

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

DecidedFebruary 23, 1965

StatusPublished

This text of 23 A.D.2d 584 (Knoll v. Cape Cod Sea Food Restaurant, Ltd.) 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

Knoll v. Cape Cod Sea Food Restaurant, Ltd., 23 A.D.2d 584, 257 N.Y.S.2d 568, 1965 N.Y. App. Div. LEXIS 4803 (N.Y. Ct. App. 1965).

Pincite

Opinion

In an action to recover the reasonable value of work, labor, services and materials, defendant appeals from so much of an order of the Supreme Court, Queens County, dated. January 7, 1964, as: (1) granted plaintiff’s motion, pursuant to CPLR 3211 (subd. [b]) to dismiss as insufficient the second affirmative ..defense pleaded in defendant’s amended answer; and (2) granted plaintiff’s motion, pursuant to CPLR 3024 (subd. [b]), to strike out as prejudicial certain paragraphs- and sub-paragraphs of the first affirmative defense pleaded in said answer. Order, insofar as it grants plaintiff’s motion to dismiss as insufficient the second defense, pursuant to CPLR 3211 (subd. [b]), affirmed, without costs. No opinion. Appeal from that part of the order which grants plaintiff’s motion to strike out as prejudicial certain portions of the first defense, pursuant to CPLR 3024 (subd. [b]) dismissed, without costs. No appeal lies therefrom without permission (CPLR 5701, subd. [b], par. 3); and such permission has not been obtained. Beldoek, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

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In an action to recover the reasonable value of work, labor, services and materials, defendant appeals from so much of an order of the Supreme Court, Queens County, dated. January 7, 1964, as: (1) granted plaintiff’s motion, pursuant to CPLR 3211 (subd. [b]) to dismiss as insufficient the second affirmative ..defense pleaded in defendant’s amended answer; and (2) granted plaintiff’s motion, pursuant to CPLR 3024 (subd. [b]), to strike out as prejudicial certain paragraphs- and sub-paragraphs of the first affirmative defense pleaded in said answer. Order, insofar as it grants plaintiff’s motion to dismiss as insufficient the second defense, pursuant to CPLR 3211 (subd. [b]), affirmed, without costs. No opinion. Appeal from that part of the order which grants plaintiff’s motion to strike out as prejudicial certain portions of the first defense, pursuant to CPLR 3024 (subd. [b]) dismissed, without costs. No appeal lies therefrom without permission (CPLR 5701, subd. [b], par. 3); and such permission has not been obtained. Beldoek, P. J., Ughetta, Brennan, Hill and Hopkins, JJ., concur.

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Bluebook (online)

23 A.D.2d 584, 257 N.Y.S.2d 568, 1965 N.Y. App. Div. LEXIS 4803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knoll-v-cape-cod-sea-food-restaurant-ltd-nyappdiv-1965.