Blaut v. Blaut
New York Supreme Court
Motion to strike out from each of four separate defenses and a counterclaim the initial words that the defendant “ reiterates all the admissions and denials contained in paragraphs I to IX of this answer.”
1Opinion of the CourtClarke, J.
La the first nine paragraphs of the answer the defendant specifically admits or denies the several allegations of the complaint; then follow four separate defenses and a counterclaim. Each of these defenses and the counterclaim begins with a recital, that the defendant “ reiterates all the admissions and denials contained in paragraphs I to IX of this answer inclusive and ” alleges •* * * . Motion is made to strike out the words in quotation. It is well settled# as contended by the defendant, that an affirmative defense or a counterclaim must be treated as a separate plea, and that, upon…
2Cases cited10 opinions
- Cragin v. . LovellNew York Court of Appeals · 1882
- Douglass v. . FerrisNew York Court of Appeals · 1893
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
- South Dakota v. McChesneyNew York Supreme Court · 1895
- Flechter v. JonesNew York Supreme Court · 1892
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3Cited by6 opinions
- Burnham v. FranklinNew York Supreme Court · 1904
- Rogers v. MortonNew York Supreme Court · 1905
- Bulova v. E. L. Barnett, Inc.Appellate Terms of the Supreme Court of New York · 1920
- Clarkin v. City of New YorkNew York Supreme Court · 1915
- Goldberg v. WoodAppellate Terms of the Supreme Court of New York · 1904
1 more not listed; retrieve them via the Exa API.