Stafford v. John W. Cowper Co.

Appellate Division of the Supreme Court of New York

Stafford v. John W. Cowper Co.

256 A.D. 894, 9 N.Y.S.2d 109, 1939 N.Y. App. Div. LEXIS 5276

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

DecidedJanuary 11, 1939

StatusPublished

Cited by1 cases

This text of 256 A.D. 894 (Stafford v. John W. Cowper Co.) 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

Stafford v. John W. Cowper Co., 256 A.D. 894, 9 N.Y.S.2d 109, 1939 N.Y. App. Div. LEXIS 5276 (N.Y. Ct. App. 1939).

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Opinion

Order affirmed, with ten dollars costs and disbursements. Memorandum: The inquiry upon this motion is whether the first and second defenses alleged in the answer in truth present an issue to be tried. The affidavit submitted by the plaintiff in support of his motion to strike out these defenses as sham and as tending to prejudice a fair trial of the action, was properly received (Fleischer v. Terker, 259 N. Y. 60; Socony-Vacuum Oil Co., Inc., v. City of New York, 247 App. Div. 163), and being uncontradieted leads to an affirmance of the order. All concur. (The order grants plaintiff’s motion to strike out certain defenses in defendant’s amended answer in a negligence action.) • Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Order affirmed, with ten dollars costs and disbursements. Memorandum: The inquiry upon this motion is whether the first and second defenses alleged in the answer in truth present an issue to be tried. The affidavit submitted by the plaintiff in support of his motion to strike out these defenses as sham and as tending to prejudice a fair trial of the action, was properly received (Fleischer v. Terker, 259 N. Y. 60; Socony-Vacuum Oil Co., Inc., v. City of New York, 247 App. Div. 163), and being uncontradieted leads to an affirmance of the order. All concur. (The order grants plaintiff’s motion to strike out certain defenses in defendant’s amended answer in a negligence action.) • Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ.

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Bluebook (online)

256 A.D. 894, 9 N.Y.S.2d 109, 1939 N.Y. App. Div. LEXIS 5276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stafford-v-john-w-cowper-co-nyappdiv-1939.

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