Raisin v. Schechtman

Appellate Terms of the Supreme Court of New York

Raisin v. Schechtman

151 N.Y.S. 276

Appellate Terms of the Supreme Court of New York·Decided January 15, 1915·Published

Opinion

PER CURIAM.

The court has no power to strike out portions of defendant’s answer as sham or frivolous which put in issue material allegations of the complaint. Schlesinger v. McDonald, 106 App. Div. 570, 94 N. Y. Supp. 721; Howe v. Elwell, 57 App. Div. 357, 67 N. Y. Supp. 1108; Alexander v. Aronson, 65 App. Div. 174, 72 N. Y. Supp. 640.

The order must therefore be reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

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PER CURIAM.

The court has no power to strike out portions of defendant’s answer as sham or frivolous which put in issue material allegations of the complaint. Schlesinger v. McDonald, 106 App. Div. 570, 94 N. Y. Supp. 721; Howe v. Elwell, 57 App. Div. 357, 67 N. Y. Supp. 1108; Alexander v. Aronson, 65 App. Div. 174, 72 N. Y. Supp. 640.

The order must therefore be reversed, with $10 costs and disbursements, and motion denied, with $10 costs.

Raisin v. Schechtman, 151 N.Y.S. 276 (N.Y. Ct. App. 1915).

Pincite

151 N.Y.S. 276 (Raisin v. Schechtman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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