Hitching v. Robinson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George N. Robinson, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Richmond on the 14th day of February, 1921, striking out certain paragraphs from the answer. Both causes of action are upon contract. The first was for services between June 17, 1918, and July 8, 1920, in renting the Robinson. Building.
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Appeal by the defendant, George N. Robinson, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Richmond on the 14th day of February, 1921, striking out certain paragraphs from the answer. Both causes of action are upon contract. The first was for services between June 17, 1918, and July 8, 1920, in renting the Robinson. Building. The second was for services that began in May, 1917, in regard to installing a submeter electric service. The answer denied almost all the averments of the first cause of action, except that it…
1Opinion of the Court
Putnam, J.:
Whether the plaintiff had the precise employment regarding the renting of the Robinsion Building which the complaint states, or stood in a mere subordinate relation as this answer maintained, the averment of misconduct in obtaining commissions from the tenants would be equally available. Therefore, it is not essential to the logical completeness of this defense to repeat the prior denials. It is, therefore, redundant, so that in good practice it should be stricken out. In Herrmann v. Cabinet Land Co. (217 N. Y. 526) the court said (p. 531): “ A denial of any of the allegations of…
2Cases cited2 opinions
- Herrmann v. . Cabinet Land Co.New York Court of Appeals · 1916
- Soeurbee, Inc. v. Jatison Construction Co.Appellate Division of the Supreme Court of the State of New York · 1918