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Mogilevich v. Grayzel

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 821 (N.Y. App. Div. 1930)

Opinion

March, 1930.


Order denying defendants' motion to require plaintiff to reply to the new matter contained in the several defenses in the amended answer reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, without costs; reply to be served within five days from service of a copy of the order herein. Where executors of an estate are sued as such and have no personal knowledge of the matter pleaded to meet claims asserted against an estate, a motion to compel a reply to such new matter is granted with greater liberality than in the ordinary case. For this reason the motion herein should have been granted. ( Richards v. Greason, 128 App. Div. 320; Twamley v. McKennell, 137 id. 574.) Lazansky, P.J., Young, Hagarty, Carswell and Tompkins, JJ., concur.


Summaries of

Mogilevich v. Grayzel

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 821 (N.Y. App. Div. 1930)
Case details for

Mogilevich v. Grayzel

Case Details

Full title:CELIA MOGILEVICH, Respondent, v. ABRAHAM G. GRAYZEL and SOLOMON GRAYZEL…

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

Date published: Mar 1, 1930

Citations

228 App. Div. 821 (N.Y. App. Div. 1930)