Travel House of Buffalo, Inc. v. Grzechowiak

Appellate Division of the Supreme Court of New York

Travel House of Buffalo, Inc. v. Grzechowiak

25 A.D.2d 492, 266 N.Y.S.2d 925, 1966 N.Y. App. Div. LEXIS 5137

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

DecidedJanuary 20, 1966

StatusPublished

This text of 25 A.D.2d 492 (Travel House of Buffalo, Inc. v. Grzechowiak) 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

Travel House of Buffalo, Inc. v. Grzechowiak, 25 A.D.2d 492, 266 N.Y.S.2d 925, 1966 N.Y. App. Div. LEXIS 5137 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order, insofar as appealed from, unanimously reversed, without costs of this appeal to any party, and motion denied, without costs. Memorandum: Defenses contained in an answer should not be stricken unless they are clearly and unquestionably insufficient in law. This is not so in the case before us. The peti[493]*493tioner would have the factual issues decided on the pleadings and affidavits rather than upon proof in a plenary trial. This should not be done in this ease. (Appeal from certain parts of an order of Erie Special Term striking certain defenses from the answers.)

Present — Williams, P. J., Bastow, Henry, Del Veeehio and Marsh, JJ.

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Order, insofar as appealed from, unanimously reversed, without costs of this appeal to any party, and motion denied, without costs. Memorandum: Defenses contained in an answer should not be stricken unless they are clearly and unquestionably insufficient in law. This is not so in the case before us. The peti[493]*493tioner would have the factual issues decided on the pleadings and affidavits rather than upon proof in a plenary trial. This should not be done in this ease. (Appeal from certain parts of an order of Erie Special Term striking certain defenses from the answers.)

Present — Williams, P. J., Bastow, Henry, Del Veeehio and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 492, 266 N.Y.S.2d 925, 1966 N.Y. App. Div. LEXIS 5137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travel-house-of-buffalo-inc-v-grzechowiak-nyappdiv-1966.