Legal Opinion
Purdy v. McGarity
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1941PublishedCited by 39 opinions
1Opinion of the CourtHeffernan, J.
Defendant has appealed from an order of the Broome Special Term of the Supreme Court striking out a separate defense contained in his answer.
The automobiles of the respective parties collided on a public highway on March 23, 1940, as a result of which plaintiff instituted this action against defendant to recover $200 for the damages to his car on the theory that defendant’s negligence was responsible for the collision.
*624Defendant interposed a verified answer containing a general denial and the following defense which the court below struck out: “ That prior to the commencement of this action…
2Cases cited4 opinions
- Luckenbach v. W. J. McCahan Sugar Refining Co.Supreme Court of the United States · 1918
- Fleischer v. TerkerNew York Court of Appeals · 1932
- Simpson v. HartranftNew York Supreme Court · 1935
- Reddington v. Elco Merchandizing Corp.Appellate Division of the Supreme Court of the State of New York · 1932
3Cited by39 opinions
- Furrer v. Yew Creek Logging Co.Oregon Supreme Court · 1956
- Sosnow, Kranz & Simcoe, Inc. v. Storatti Corp.Appellate Division of the Supreme Court of the State of New York · 1945
- Yale Transport Corp. v. Yellow Truck & Coach Mfg. Co.District Court, S.D. New York · 1944
- American Alliance Insurance Co v. Capital National Bank of SacramentoCalifornia Court of Appeal · 1946
- Hermes v. MarkhamNorth Dakota Supreme Court · 1951
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