Park Place Cleaners v. Essig
18 A.D.2d 897, 1963 N.Y. App. Div. LEXIS 4359
Procedural entryThis page is a short order in Park Place Cleaners v. Essig. Read the opinion of the Court — 18 A.D.2d 896 →
Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1963·Published
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.
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Park Place Cleaners v. Essig, 18 A.D.2d 897, 1963 N.Y. App. Div. LEXIS 4359 (N.Y. Ct. App. 1963).
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