Municipal Bank v. Parkway Walk Construction Corp.

Appellate Division of the Supreme Court of New York

Municipal Bank v. Parkway Walk Construction Corp.

224 A.D. 864

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

DecidedOctober 15, 1928

StatusPublished

Cited by2 cases

This text of 224 A.D. 864 (Municipal Bank v. Parkway Walk Construction Corp.) 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

Municipal Bank v. Parkway Walk Construction Corp., 224 A.D. 864 (N.Y. Ct. App. 1928).

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Opinion

Order modified by denying the motion for judgment on the pleadings and by denying the motion to strike out denials relating to paragraphs 12,13 and 14 of the complaint, and as thus modified the order is affirmed, with ten dollars costs and disbursements to appellant. Under rule 104 the burden of establishing that these denials were sham was upon the plaintiff. (Carmody’s N. Y. Prac. § 291; People v. McCumber, 18 N. Y. 315.) These denials did not relate to matters of which defendant Gelband had personal knowledge or with respect to which he had constructive knowledge. The denials, therefore, were not presumptively false and there is no showing in the record that they were in fact false. La.zansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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Order modified by denying the motion for judgment on the pleadings and by denying the motion to strike out denials relating to paragraphs 12,13 and 14 of the complaint, and as thus modified the order is affirmed, with ten dollars costs and disbursements to appellant. Under rule 104 the burden of establishing that these denials were sham was upon the plaintiff. (Carmody’s N. Y. Prac. § 291; People v. McCumber, 18 N. Y. 315.) These denials did not relate to matters of which defendant Gelband had personal knowledge or with respect to which he had constructive knowledge. The denials, therefore, were not presumptively false and there is no showing in the record that they were in fact false. La.zansky, P. J., Rich, Kapper, Hagarty and Carswell, JJ., concur.

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224 A.D. 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipal-bank-v-parkway-walk-construction-corp-nyappdiv-1928.

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