Legal Opinion

Leibow v. Arthur G. Blair, Inc.

New York Supreme Court

Decided November 20, 1944Published

1Opinion of the CourtMcLaughlin, J.

On this application plaintiff seeks an order striking from the answer filed hy the defendant Marine Transport Lines, Inc., paragraphs thirtieth to thirty-third, inclusive, pursuant to rule 103 of the Rules of Civil Practice “ and the Rules of Civil Practice ” on the ground that said paragraphs are sham and irrelevant.

*919Paragraphs thirtieth to thirty-third of the answer are interposed as a complete and separate defense to the complaint and allege that the plaintiff has made a valid and binding election to accept compensation under the provisions of the Longshoremen’s and Harbor Workers’…

2Cases cited2 opinions

  1. Toomey v. Waterman SS CorporationCourt of Appeals for the Second Circuit · 1941
  2. Matter of Joyce v. . Eastman Kodak Co.New York Court of Appeals · 1924

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