Griffo v. Tauriello
New York Supreme Court
1Opinion of the CourtMichael Catalano, J.
The plaintiff seeks an order, pursuant to rule 109 of the Rules of Civil Practice, striking out the first and second affirmative defenses in the answer because of legal insufficiency.
The complaint alleges the usual common-law negligence action between the plaintiff, owner and operator of a motor vehicle that collided with another motor vehicle operated by the defendant with the permission of the “ City of Buffalo,” the owner, resulting in property damage and personal injuries.
The answer contains a general denial; a first defense, stating: ‘ ‘ That the plaintiff has failed to comply with the…
2Cases cited14 opinions
- Bernardine v. City of New YorkNew York Court of Appeals · 1945
- Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
- General Aniline & Film Corp. v. Bayer Co.New York Court of Appeals · 1953
- Derlicka v. LeoNew York Court of Appeals · 1939
- Bernardine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fowles v. StateNew York Court of Claims · 1991