Krulewitch v. National Importing & Trading Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isaac Krulewitch, from an order of the Supreme Court, made at the New York Special Term and entered.in the office .of the clerk of the county of New York on the 14th day of July, 1920, overruling plaintiff’s demurrer to the affirmative defenses contained in the third amended answer.
1Opinion of the Court
Page, J.:
The second amended answer contained three separate defenses. Demurrers to these defenses on the ground of insufficiency were sustained at Special Term and the order was affirmed with leave to the defendant to plead over. (191 App. Div. 904.) Pursuant to the leave thus given the defendant served a third amended answer containing five separate defenses, three of which are substantially the same as those contained in the second answer. The changes in the phraseology are not sufficient to remove the defects found in the same defenses in the second answer. The contract in this case was…
2Cases cited6 opinions
- In Re the Probate of the Will of RobinsonNew York Court of Appeals · 1911
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
- Bers v. . Erie R.R. Co.New York Court of Appeals · 1919
- Richards & Co. v. WreschnerAppellate Division of the Supreme Court of the State of New York · 1916
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- Central Hanover Bank & Trust Co. v. Siemens & Halske AktiengesellschaftDistrict Court, S.D. New York · 1936
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