Wilk v. Andrea Radio Corp.

Appellate Division of the Supreme Court of New York

Wilk v. Andrea Radio Corp.

13 A.D.2d 745, 216 N.Y.S.2d 662, 1961 N.Y. App. Div. LEXIS 10841

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

DecidedMay 16, 1961

StatusPublished

This text of 13 A.D.2d 745 (Wilk v. Andrea Radio Corp.) 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

Wilk v. Andrea Radio Corp., 13 A.D.2d 745, 216 N.Y.S.2d 662, 1961 N.Y. App. Div. LEXIS 10841 (N.Y. Ct. App. 1961).

Pincite

Opinion

Order, entered on March 16, 1960, granting plaintiffs' motion to dismiss eight complete and partial separate defenses, unanimously modified, on the law, with $20 costs and disbursements to respondents, to the extent of reinstating the eighth separate and partial affirmative defense, and is otherwise affirmed. The eighth defense pleads matter indicating lack of malice or intent to injure plaintiffs and may therefore be asserted in mitigation of the exemplary damages sought by plaintiffs. Since defendants have been granted permission to serve an amended answer, they may plead in answer to the second cause of action the applicable law of the foreign States in which the advertisement was allegedly circulated (Civ. Prae. Act, § 391). Concur — Botein, P. J., Rabin, Valente, McNally and Eager, JJ.

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Order, entered on March 16, 1960, granting plaintiffs' motion to dismiss eight complete and partial separate defenses, unanimously modified, on the law, with $20 costs and disbursements to respondents, to the extent of reinstating the eighth separate and partial affirmative defense, and is otherwise affirmed. The eighth defense pleads matter indicating lack of malice or intent to injure plaintiffs and may therefore be asserted in mitigation of the exemplary damages sought by plaintiffs. Since defendants have been granted permission to serve an amended answer, they may plead in answer to the second cause of action the applicable law of the foreign States in which the advertisement was allegedly circulated (Civ. Prae. Act, § 391). Concur — Botein, P. J., Rabin, Valente, McNally and Eager, JJ.

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Bluebook (online)

13 A.D.2d 745, 216 N.Y.S.2d 662, 1961 N.Y. App. Div. LEXIS 10841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilk-v-andrea-radio-corp-nyappdiv-1961.