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

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

244 A.D. 829 (Lacen v. F. W. Woolworth Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.