Robinson v. Triangle Mechanical Laboratories Corp.

Appellate Division of the Supreme Court of New York

Robinson v. Triangle Mechanical Laboratories Corp.

241 A.D. 658

Appellate Division of the Supreme Court of the State of New York·Decided February 15, 1934·Published

Opinion

Order reversed, with twenty dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the motion was not made within ten days after the service of the answer, as required by rule 109 of the Rules of Civil Practice. (Hale v. Hirsch, 205 App. Div. 308.) This disposition is, of course, without prejudice to the plaintiffs’ right at the trial to move to dismiss the affirmative defense and counterclaim as insufficient in law. (Civ. Prac. Act, § 279.) Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

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Order reversed, with twenty dollars costs and disbursements, and motion denied, with ten dollars costs, upon the ground that the motion was not made within ten days after the service of the answer, as required by rule 109 of the Rules of Civil Practice. (Hale v. Hirsch, 205 App. Div. 308.) This disposition is, of course, without prejudice to the plaintiffs’ right at the trial to move to dismiss the affirmative defense and counterclaim as insufficient in law. (Civ. Prac. Act, § 279.) Present — Finch, P. J., Merrell, Townley, Glennon and Untermyer, JJ.

Robinson v. Triangle Mechanical Laboratories Corp., 241 A.D. 658 (N.Y. Ct. App. 1934).

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Opinion

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