Island Small Business Investment Corp. v. Primrose Homes Corp.
New York Supreme Court
1Opinion of the CourtMario Pittoni, J.
Motion to strike out the answer on the ground that it is frivolous and sham.
Defendant Atkins Wood Products Corp. is a junior lienor in this mortgage foreclosure action, against which no personal claim is made. Its answer denies knowledge or information sufficient to form a belief as to paragraphs 1, 3, 4, 5, 6, 7, 8, 9,10, 11 and 13 of the complaint and as to portions of paragraphs 2 and 12.
*141Many of the allegations so denied are matters of public record. “ 6 A party cannot plead ignorance of a public record to which he has access, and which affords him all the means of information necessary to…
2Cases cited6 opinions
- Dahlstrom v. . GemunderNew York Court of Appeals · 1910
- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- Savage v. Mathieson Alkali Works Inc.New York Supreme Court · 1940
- Savage v. Mathieson Alkali Works (Inc.)Appellate Division of the Supreme Court of the State of New York · 1941
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3Cited by2 opinions
- A. A. Sutain, Ltd. v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1965
- Pugh v. Lu-Kay Holding Corp.New York Supreme Court · 1971