Postal Telegraph-Cable Co. v. Associated Press
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Associated Press, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of June, 1216, sustaining plaintiff’s demurrer to affirmative defenses set up in the answer.
1Per curiam
For the reasons stated in Postal Tel.-Cable Co. v. Associated Press, No. 1 (175 App. Div. 538), the order appealed from is modified by overruling the demurrer to the affirmative defense alleged in the 7th paragraph of the answer, and as so modified affirmed, without costs, with leave to the plaintiff to withdraw the demurrer as to said defense, and with leave to the defendant to serve an amended answer within twenty days from service of the order to be entered herein.
Present — Clarke, P. J., Scott, Smith, Page and Davis, JJ.
Order modified as directed in opinion, and as modified affirmed,…
2Cases cited1 opinion
- Postal Telegraph-Cable Co. v. Associated PressAppellate Division of the Supreme Court of the State of New York · 1916