McKenzie v. Irving Trust Co.

Appellate Division of the Supreme Court of New York

McKenzie v. Irving Trust Co.

271 A.D.2d 963

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 1947·Published

Opinion

We think that defendant is entitled to any benefit that the judgment on the first cause of action may prove to be as a defense to the second cause of action, and that the defendant should be permitted to plead such judgment as a defense by way of a supplemental answer. We do not pass upon the efficacy of the defense in any respect. Order appealed from unanimonsly reversed, with $20 costs and disbursements-to the appellant, and the motion to strike the supplemental answer denied. Present — Martin, P. J., Glennon, Dore, Callahan and Peek, JJ. [See post, p. 1001.]

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We think that defendant is entitled to any benefit that the judgment on the first cause of action may prove to be as a defense to the second cause of action, and that the defendant should be permitted to plead such judgment as a defense by way of a supplemental answer. We do not pass upon the efficacy of the defense in any respect. Order appealed from unanimonsly reversed, with $20 costs and disbursements-to the appellant, and the motion to strike the supplemental answer denied. Present — Martin, P. J., Glennon, Dore, Callahan and Peek, JJ. [See post, p. 1001.]

McKenzie v. Irving Trust Co., 271 A.D.2d 963 (N.Y. Ct. App. 1947).

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