Nonpareil Painting Co. v. Holling

The action is to recover for work, labor and services performed and materials furnished. The defense is a general denial, and in his second, separate and distinct defense the defendant alleges, upon information and belief, payment of the claim in suit and of any and all other claims by plaintiff against this defendant,

*553While it is contrary to the practice in this department to require a defendant to give particulars of a defense of payment unless very special reasons appear why such an order should be made (Ebin v. Equitable Life Assurance Society, 177 App. Div, 458), it was held in Sittig v.…