Simon v. Waldinger & Glaser, Inc.

Appellate Division of the Supreme Court of New York

Simon v. Waldinger & Glaser, Inc.

195 A.D. 908

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

DecidedJanuary 15, 1921

StatusPublished

This text of 195 A.D. 908 (Simon v. Waldinger & Glaser, Inc.) 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

Simon v. Waldinger & Glaser, Inc., 195 A.D. 908 (N.Y. Ct. App. 1921).

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Opinion

The answer does not deny the allegation óf plaintiff’s employment for a commission in addition to weekly wages. Alleging that the terms are not fully set forth in the complaint “ and for the full and correct terms whereof the defendant begs leave to refer upon the trial;” and stating that the agreement has been modified “ but that the terms of said agreement as so modified are not fully or correctly set forth in the complaint,” without stating the change — thus leaving the facts covert — do not constitute a good denial. (Wallach v. Commercial Fire Ins. Co. of N. Y., 12 Daly, 387; Murray v. New York Ins. Co., 9 Abb. N. C. 309; Matter of Bielby, 91 Misc. Rep. 353, 364.) Under such an answer, even before interlocutory judgment, plaintiff may have an examination before trial as to the matters specified. The order is, therefore, affirmed, with ten dollars costs and disbursements. Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ., concur-

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The answer does not deny the allegation óf plaintiff’s employment for a commission in addition to weekly wages. Alleging that the terms are not fully set forth in the complaint “ and for the full and correct terms whereof the defendant begs leave to refer upon the trial;” and stating that the agreement has been modified “ but that the terms of said agreement as so modified are not fully or correctly set forth in the complaint,” without stating the change — thus leaving the facts covert — do not constitute a good denial. (Wallach v. Commercial Fire Ins. Co. of N. Y., 12 Daly, 387; Murray v. New York Ins. Co., 9 Abb. N. C. 309; Matter of Bielby, 91 Misc. Rep. 353, 364.) Under such an answer, even before interlocutory judgment, plaintiff may have an examination before trial as to the matters specified. The order is, therefore, affirmed, with ten dollars costs and disbursements. Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ., concur-

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195 A.D. 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simon-v-waldinger-glaser-inc-nyappdiv-1921.

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