Troller v. Michel

Appellate Division of the Supreme Court of New York

Troller v. Michel

275 A.D.2d 721

Appellate Division of the Supreme Court of the State of New York·Decided March 21, 1949·Published

Opinion

[722]*722The “ Third ” and “ Seventh ” defenses were improperly struck out. They allege facts which may be found to affect the right of the plaintiffs to an injunction. (Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67; Schwartz v. Klein, 272 App. Div. 834; Straus v. American Publishers’ Assn., 103 App. Div. 277.) Carswell, Acting P. J., Johnston, Adel, Sneed and Mac-Crate, JJ., concur.

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[722]*722The “ Third ” and “ Seventh ” defenses were improperly struck out. They allege facts which may be found to affect the right of the plaintiffs to an injunction. (Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67; Schwartz v. Klein, 272 App. Div. 834; Straus v. American Publishers’ Assn., 103 App. Div. 277.) Carswell, Acting P. J., Johnston, Adel, Sneed and Mac-Crate, JJ., concur.

Troller v. Michel, 275 A.D.2d 721 (N.Y. Ct. App. 1949).

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Opinion

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