Legal Opinion
Snelwar v. Snelwar
New York Supreme Court
Decided March 21, 1961PublishedCited by 5 opinions
1Opinion of the Court
.Mario Pittoíti, J.
The plaintiff moves: (1) to strike the first affirmative defense in the answer on the ground that there is an existing final judgment of a court of competent jurisdiction, rendered on the merits and determining the same cause between the parties, pursuant to subdivision 5 of rule 110 of the Buies of Civil Practice, and on the further ground that it is sham and frivolous, pursuant to rule 103 of the Buies of Civil Practice ; (2) to strike the second and third affirmative defense on the ground that they are insufficient in law, pursuant to rule 109, and also on the ground…
2Cases cited5 opinions
- Galusha v. . GalushaNew York Court of Appeals · 1889
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
- Mohrmann v. KobNew York Court of Appeals · 1943
- Neivel Realty Corp. v. Prudence Bonds Corp.City of New York Municipal Court · 1934
3Cited by5 opinions
- Mobil Oil Corp. v. Town of HuntingtonNew York Supreme Court · 1975
- Cohen v. New York Herald Tribune, Inc.New York Supreme Court · 1970
- A & P Sheet Metal Co., Inc. v. Edward Hansen, Inc.New Jersey Superior Court Appellate Division · 1976
- Pugatch v. David's JewelersCivil Court of the City of New York · 1967
- Rosenberg v. RosenbergNew York Supreme Court · 1965