Legal Opinion
Kalb v. Hoffman
New York Supreme Court
Decided July 22, 1960Published
1Opinion of the CourtJ. Irwin Shapiro, J.
Motion by plaintiff
“ (1) For an order Pursuant to Rule 104 of the Rules of Civil Practice, striking out the affirmative defenses contained in paragraphs ‘ fifth ’ and ‘ sixth ’ of the answer interposed by the defendant on the ground that same are sham, false and frivolous, and granting to plaintiff judgment on the pleadings; and/or in the alternative
“ (2) For an order pursuant to Rule 112 of the Rules of Civil Practice striking out the affirmative defenses contained in the answer interposed by the defendant and granting judgment on the pleadings in favor of the plaintiff on the ground that…
2Cases cited4 opinions
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Smith v. . DotterweichNew York Court of Appeals · 1911
- Hoagland, Allum & Co. v. Allan-Norman Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Zinsser v. Columbia Cab Co.Appellate Division of the Supreme Court of the State of New York · 1901