New Amsterdam Casualty Co. v. National Union Fire Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
This is an action brought jointly by the plaintiff
and the sheriff of the county of New York in aid of an attachment. *495(Civ. Prac. Act, §§ 917, 922 and 943.) Special defenses interposed have been successfully attacked, under rules 103 and 109 of the Rules of Civil Practice, because of alleged insufficiency. In support of these defenses, but without a counter motion to dismiss, the defendant attacked the sufficiency of the complaint and sought an order of dismissal. Its defenses were stricken out and its request for a dismissal of the complaint denied.
It is well settled that a bad answer is good…
2Cases cited6 opinions
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Martyne v. . American Union Fire Ins. Co.New York Court of Appeals · 1915
- Hayden v. . National BankNew York Court of Appeals · 1891
- People v. St. Nicholas BankAppellate Division of the Supreme Court of the State of New York · 1899
- Bernard v. Chase National BankAppellate Division of the Supreme Court of the State of New York · 1931
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Riland v. Frederick S. Todman & Co.Appellate Division of the Supreme Court of the State of New York · 1977
- Nomikos (London) Ltd. v. PetroutsisNew York Supreme Court · 1946
- McGowan v. McGowanNew York Supreme Court · 1950
- General Aniline & Film Corp. v. Bayer Co.New York Supreme Court · 1946
- Kiebler v. KieblerNew York Supreme Court · 1939
8 more not listed; retrieve them via the Exa API.