Todd Shipyards Corp. v. Todd Drydock & Repair Corp.

It is undoubtedly the general practice to be liberal in the retention of special defenses sufficient in law on their face even when they are provable under the general denial (Fisk v. Hobern, 204 App. Div. 588; Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67). Here, however, the first affirmative defense is insufficient in law as a complete defense. Assuming all of the fact pleaded in that defense, it may still be found that defendant has assumed a name so nearly resembling the name of appellant as to be calculated to deceive and mislead or that the name as a whole was chosen in bad…