Legal Opinion
Raisin v. Schechtman
Appellate Terms of the Supreme Court of New York
Decided January 15, 1915Published
Appeal from City Court of New York, Special Term. Action by Isidor Raisin against Louis Schechtman. From an order striking certain denials in defendant’s answer, on the ground that they were frivolous and sham, defendant appeals.
1Per curiam
The court has no power to strike out portions of defendant’s answer as sham or frivolous which put in issue material allegations of the complaint. Schlesinger v. McDonald, 106 App. Div. 570, 94 N. Y. Supp. 721; Howe v. Elwell, 57 App. Div. 357, 67 N. Y. Supp. 1108; Alexander v. Aronson, 65 App. Div. 174, 72 N. Y. Supp. 640.
The order must therefore be reversed, with $10 costs and disbursements, and motion denied, with $10 costs.
2Cases cited3 opinions
- Howe v. ElwellAppellate Division of the Supreme Court of the State of New York · 1901
- Alexander v. AronsonAppellate Division of the Supreme Court of the State of New York · 1901
- Schlesinger v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1905