Wiley v. Bass

Appellate Division of the Supreme Court of New York

Wiley v. Bass

272 A.D.2d 926

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

DecidedJune 16, 1947

StatusPublished

This text of 272 A.D.2d 926 (Wiley v. Bass) 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

Wiley v. Bass, 272 A.D.2d 926 (N.Y. Ct. App. 1947).

Pincite

Opinion

Action to recover damages for alleged libel. Order granting motion of plaintiff to require defendant to state separately and number defenses contained in the " Fifth ”, “ Sixth ” and “ Seventh ” paragraphs of the answer reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. The answer contains a defense of justification, which is realleged as a partial defense in mitigation of damages, in accordance with settled practice. (Flechenstein v. Friedman, 266 N. Y. 19; Wackier v. Quenzer, 29 N. Y. 547, 551.) Matter peculiar to a defense of justification is not so inextricably commingled with matter peculiar to a defense in mitigation of damages as to warrant the granting of the motion. Reiteration of denials may be disregarded. (Levine v. Hogan-Levine Co., 200 App. Div. 487, 489.) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

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

Action to recover damages for alleged libel. Order granting motion of plaintiff to require defendant to state separately and number defenses contained in the " Fifth ”, “ Sixth ” and “ Seventh ” paragraphs of the answer reversed on the law, with $10 costs and disbursements, and the motion denied, with $10 costs. The answer contains a defense of justification, which is realleged as a partial defense in mitigation of damages, in accordance with settled practice. (Flechenstein v. Friedman, 266 N. Y. 19; Wackier v. Quenzer, 29 N. Y. 547, 551.) Matter peculiar to a defense of justification is not so inextricably commingled with matter peculiar to a defense in mitigation of damages as to warrant the granting of the motion. Reiteration of denials may be disregarded. (Levine v. Hogan-Levine Co., 200 App. Div. 487, 489.) Hagarty, Acting P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

272 A.D.2d 926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiley-v-bass-nyappdiv-1947.

Opinion

Related

Cite This Page — Counsel Stack