Legal Opinion
Guglielmo v. Roosevelt Hospital Staff Housing, Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 4, 1995PublishedCited by 6 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendants Roosevelt Hospital Staff Housing Co., Inc., and Leh*404rer McGovern Bovis, Inc., appeal from an order of the Supreme Court, Kings County (Ramirez, J.), dated July 22, 1994, which granted the plaintiffs’ motion to strike their fourth affirmative defense.
Ordered that the order is affirmed, with costs.
"In this judicial department, a[n affirmative] defense that a complaint does not state a valid cause of action cannot be interposed in an answer” (Platt v Portnoy, 220 AD2d 652; see also, Propoco, Inc. v Birnbaum, 157 AD2d…
2Cases cited3 opinions
- Propoco, Inc. v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1990
- Platt v. PortnoyAppellate Division of the Supreme Court of the State of New York · 1995
- Singh v. KalishAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by6 opinions
- Butler v. CatinellaAppellate Division of the Supreme Court of the State of New York · 2008
- Jacobowitz v. LeakAppellate Division of the Supreme Court of the State of New York · 2005
- Sagevick v. SanchezAppellate Division of the Supreme Court of the State of New York · 1996
- Providian National Bank v. McGowanCivil Court of the City of New York · 1999
- Homestead Development Corp. v. AyresAppellate Division of the Supreme Court of the State of New York · 1997
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