Lacen v. F. W. Woolworth Co.

Appellate Division of the Supreme Court of New York

Lacen v. F. W. Woolworth Co.

244 A.D. 829

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

DecidedMay 15, 1935

StatusPublished

This text of 244 A.D. 829 (Lacen v. F. W. Woolworth Co.) 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

Lacen v. F. W. Woolworth Co., 244 A.D. 829 (N.Y. Ct. App. 1935).

Pincite

Opinion

Order affirmed, with ten dollars costs and disbursements. The affirmative defense pleaded is pertinent only to an action for breach of warranty. The plaintiff states, however, that paragraph tenth of his complaint sets up a cause of action based on negligence, and he avers that he intends to proceed solely on that theory. In view of this, the affirmative defense does not raise an issue and the motion to strike it out was properly granted. Lazansky, P. J., Young, Scudder, Tompkins and Johnston, JJ., concur.

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Order affirmed, with ten dollars costs and disbursements. The affirmative defense pleaded is pertinent only to an action for breach of warranty. The plaintiff states, however, that paragraph tenth of his complaint sets up a cause of action based on negligence, and he avers that he intends to proceed solely on that theory. In view of this, the affirmative defense does not raise an issue and the motion to strike it out was properly granted. Lazansky, P. J., Young, Scudder, Tompkins and Johnston, JJ., concur.

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Bluebook (online)

244 A.D. 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lacen-v-f-w-woolworth-co-nyappdiv-1935.