Legal Opinion
Fingerhut v. Weiner
City of New York Municipal Court
Decided March 7, 1933PublishedCited by 1 opinion
1Opinion of the CourtRussell, J.
Plaintiff moves to strike out three separate defenses of new matter in the answer. The action is one for libel. The first defense attempts to set out a justification; the second is in mitigation of damages. As to these two the motion is denied.
It seems the general practice that allegations of a pleading in mitigation should not be stricken out unless the court be satisfied that the plaintiff will be aggrieved or prejudiced by allowing them to remain. (Rockwell v. Day, 84 App. Div. 437; Wayte v. Bowker Chemical Co., 196 id. 665; Morgan v. Bennett, 59 N. Y. Supp. 825.) It is the rule to allow…
2Cases cited7 opinions
- Brown v. Elm City Lumber Co.Supreme Court of North Carolina · 1914
- Dickinson v. HathawaySupreme Court of Louisiana · 1909
- Rockwell v. DayAppellate Division of the Supreme Court of the State of New York · 1903
- Dalziel v. Press Publishing Co.New York Supreme Court · 1906
- Palmer v. Palladium Printing Co.Appellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Maine v. Allstate Insurance CompanyDistrict Court of Appeal of Florida · 1970