Rubinraut v. Federico Causo Consignataria Sociedad Anonima

Appellate Division of the Supreme Court of New York

Rubinraut v. Federico Causo Consignataria Sociedad Anonima

4 A.D.2d 856, 167 N.Y.S.2d 409, 1957 N.Y. App. Div. LEXIS 4447

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

DecidedOctober 1, 1957

StatusPublished

This text of 4 A.D.2d 856 (Rubinraut v. Federico Causo Consignataria Sociedad Anonima) 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

Rubinraut v. Federico Causo Consignataria Sociedad Anonima, 4 A.D.2d 856, 167 N.Y.S.2d 409, 1957 N.Y. App. Div. LEXIS 4447 (N.Y. Ct. App. 1957).

Pincite

Opinion

The order of Special Term denying plaintiff’s motion addressed to the answer is modified to the extent that the following defenses are dismissed as insufficient: the first, second, third, fourth, fifth and sixth defenses to plaintiff’s first cause of action; and the first, second, third, seventh, eighth and ninth defenses to the plaintiff’s second cause of action. Although the fourth, fifth and sixth defenses to the plaintiff’s second cause of action are poorly pleaded, we will allow them to stand since they do assert Cuban law and custom as a justification for the delayed sailing of the vessel. As to the defenses permitted to stand, those portions which reallege parts of defenses stricken will be deemed eliminated. The order as modified is otherwise affirmed. Settle order. Concur — Breitel, J. P., Rabin, Frank, Valente and McNally, JJ.

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

The order of Special Term denying plaintiff’s motion addressed to the answer is modified to the extent that the following defenses are dismissed as insufficient: the first, second, third, fourth, fifth and sixth defenses to plaintiff’s first cause of action; and the first, second, third, seventh, eighth and ninth defenses to the plaintiff’s second cause of action. Although the fourth, fifth and sixth defenses to the plaintiff’s second cause of action are poorly pleaded, we will allow them to stand since they do assert Cuban law and custom as a justification for the delayed sailing of the vessel. As to the defenses permitted to stand, those portions which reallege parts of defenses stricken will be deemed eliminated. The order as modified is otherwise affirmed. Settle order. Concur — Breitel, J. P., Rabin, Frank, Valente and McNally, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

4 A.D.2d 856, 167 N.Y.S.2d 409, 1957 N.Y. App. Div. LEXIS 4447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubinraut-v-federico-causo-consignataria-sociedad-anonima-nyappdiv-1957.