Wolfman v. Kadel

In an action to recover damages for wrongful eviction, the separate defenses in the defendants-appellants’ amended answer were struck out on plaintiffs’ motion. Order reversed on the law, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs. The sufficiency of the first separate defense would seem to depend upon the nature and extent of plaintiffs’ proof. The facts therein alleged are competent; and any doubts as to whether they may be *774proved under a general denial should be resolved in favor of the pleader. (Clode v. Scribner’s Sons, 200 App. Div. 532;…