Smith v. McCorkle

Appellate Division of the Supreme Court of New York

Smith v. McCorkle

254 A.D. 632, 3 N.Y.S.2d 531, 1938 N.Y. App. Div. LEXIS 6786

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

DecidedMarch 9, 1938

StatusPublished

This text of 254 A.D. 632 (Smith v. McCorkle) 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

Smith v. McCorkle, 254 A.D. 632, 3 N.Y.S.2d 531, 1938 N.Y. App. Div. LEXIS 6786 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order so far as appealed from affirmed, with ten dollars costs and disbursements. Memorandum: We believe the allegations contained in the portions of defendant McCorlde’s answer remaining after the excision of the “ third defense and counterclaim ” are sufficient to test his right to the relief which his pleading demands. All concur. (The portion of the order appealed from grants plaintiff’s motion to dismiss defendant’s counterclaim and to strike out certain defenses in defendant’s answer, in an action to compel specific performance.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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

Order so far as appealed from affirmed, with ten dollars costs and disbursements. Memorandum: We believe the allegations contained in the portions of defendant McCorlde’s answer remaining after the excision of the “ third defense and counterclaim ” are sufficient to test his right to the relief which his pleading demands. All concur. (The portion of the order appealed from grants plaintiff’s motion to dismiss defendant’s counterclaim and to strike out certain defenses in defendant’s answer, in an action to compel specific performance.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D. 632, 3 N.Y.S.2d 531, 1938 N.Y. App. Div. LEXIS 6786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-mccorkle-nyappdiv-1938.