Mount Vernon Trust Co. v. Oakwood Gardens, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order denying plaintiff’s motions to strike out separate defenses and counterclaims reversed on the law, with ten dollars costs and disbursements, and motions granted to the extent of striking out the first, second, third and fourth separate defenses contained in the answers of defendants Karl, The Willson and Adams Co., and Skolkin, and otherwise denied, without costs. All the defenses set up in the answers are insufficient, inasmuch as they plead lack of consideration, existence of condition precedent, indebtedness of plaintiff to defendants, fraud of plaintiff in inducing defendants to…
2Cases cited2 opinions
- Mount Vernon Trust Co. v. BergoffNew York Court of Appeals · 1936
- Westchester Trust Co. v. HarrisonAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by3 opinions
- West End Federal Savings & Loan Ass'n v. Di BoiseAppellate Division of the Supreme Court of the State of New York · 1963
- Federal Deposit Ins. v. LynchDistrict Court, E.D. New York · 1942
- Manufacturers' Bank of Edgewater v. Page-Madden Co.New York Supreme Court · 1959