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Kenny v. Terwilliger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 1953
281 App. Div. 952 (N.Y. App. Div. 1953)

Opinion

March 20, 1953.

Present — Taylor, P.J., Vaughan, Kimball, Piper and Wheeler, JJ.


Order reversed on the law, with $10 costs and disbursements, and motion granted, with $10 costs, with leave to plead over within twenty days after service of a copy of the order, upon payment of the costs of the motion and of this appeal. Memorandum: The separate defense, as alleged in the answer, constitutes only a partial defense to the cause of action alleged in the complaint. Section 262 of the Civil Practice Act requires a partial defense in an answer to be so designated. The defendant may plead over in an amended answer in the same language as a partial defense, or set forth additional allegations which may constitute a complete defense. All concur. (Appeal from an order denying plaintiffs' motion to strike out an affirmative defense in defendants' answer.)


Summaries of

Kenny v. Terwilliger

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 20, 1953
281 App. Div. 952 (N.Y. App. Div. 1953)
Case details for

Kenny v. Terwilliger

Case Details

Full title:WILLIAM E. KENNY et al., Appellants, v. FLOYD A. TERWILLIGER et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 20, 1953

Citations

281 App. Div. 952 (N.Y. App. Div. 1953)

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