Legal Opinion

Island Small Business Investment Corp. v. Primrose Homes Corp.

New York Supreme Court

Decided January 25, 1962PublishedCited by 2 opinions

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

  1. Dahlstrom v. . GemunderNew York Court of Appeals · 1910
  2. Kirschbaum v. . EschmannNew York Court of Appeals · 1912
  3. Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
  4. Savage v. Mathieson Alkali Works Inc.New York Supreme Court · 1940
  5. Savage v. Mathieson Alkali Works (Inc.)Appellate Division of the Supreme Court of the State of New York · 1941

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. A. A. Sutain, Ltd. v. Montgomery Ward & Co.Appellate Division of the Supreme Court of the State of New York · 1965
  2. Pugh v. Lu-Kay Holding Corp.New York Supreme Court · 1971

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API