Park Place Cleaners v. Essig

Appellate Division of the Supreme Court of New York

Park Place Cleaners v. Essig

18 A.D.2d 897, 1963 N.Y. App. Div. LEXIS 4359

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

DecidedFebruary 19, 1963

StatusPublished

This text of 18 A.D.2d 897 (Park Place Cleaners v. Essig) 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

Park Place Cleaners v. Essig, 18 A.D.2d 897, 1963 N.Y. App. Div. LEXIS 4359 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order, entered on July 9, 1962, denying motion to strike out second and third defenses in defendants’ answer unanimously affirmed, with $20 costs and disbursements to respondents. We take the statement in Special Term’s opinion that the burden of proof to establish res judicata is on the plaintiff as meaning that upon an application to strike such a defense it was plaintiff’s obligation to demonstrate that the defense was sham. Concur — Botein, P. J., Breitel, Valente, Steuer and Bastow, JJ.

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

Order, entered on July 9, 1962, denying motion to strike out second and third defenses in defendants’ answer unanimously affirmed, with $20 costs and disbursements to respondents. We take the statement in Special Term’s opinion that the burden of proof to establish res judicata is on the plaintiff as meaning that upon an application to strike such a defense it was plaintiff’s obligation to demonstrate that the defense was sham. Concur — Botein, P. J., Breitel, Valente, Steuer and Bastow, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

18 A.D.2d 897, 1963 N.Y. App. Div. LEXIS 4359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/park-place-cleaners-v-essig-nyappdiv-1963.