Legal Opinion

Anamdi v. Anugo

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1997PublishedCited by 3 opinions

1Opinion of the Court

—In an action to recover damages for breach of contract, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Ain, J.), dated September 16, 1996, as denied his motion to strike the answer.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The court properly denied the plaintiff’s motion to strike the defendant’s answer on the ground that the defendant had asserted inconsistent defenses (see, CPLR 3014; Collins v Caldor of Kingston, 73 AD2d 708, 709; George v Sparwood Realty Corp., 34 AD2d 768).

Furthermore, we reject the…

2Cases cited4 opinions

  1. Frankel v. SchillingAppellate Division of the Supreme Court of the State of New York · 1989
  2. Everything Yogurt, Inc. v. ToscanoAppellate Division of the Supreme Court of the State of New York · 1996
  3. Collins v. Caldor of Kingston, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
  4. George v. Sparwood Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970

3Cited by3 opinions

  1. Schilt v. MathersonAppellate Division of the Supreme Court of the State of New York · 2013
  2. United East LLC v. ChuriAppellate Terms of the Supreme Court of New York · 2009
  3. Schilt v. MathersonAppellate Division of the Supreme Court of the State of New York · 2013

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