Wayland v. . Tysen
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial district, affirming an order of the Special Term, striking out an answer as sham, and ordering judgment for the plaintiff. The answer was as follows: SUPREME COURT. The defendant, David J. Tysen, denies each and every allegation in the complaint of the above plaintiffs in this cause contained. BRADLEY & HELSOH, Deffls Att’ys, 173 Broadway, Hew York.
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Appeal from an order of the General Term of the Supreme Court in the second judicial district, affirming an order of the Special Term, striking out an answer as sham, and ordering judgment for the plaintiff. The answer was as follows: SUPREME COURT. The defendant, David J. Tysen, denies each and every allegation in the complaint of the above plaintiffs in this cause contained. BRADLEY & HELSOH, Deffls Att’ys, 173 Broadway, Hew York. David J. Tysen, being duly sworn, doth depose and say that he is the defendant in the above entitled cause, that he has read the foregoing answer, and that the…
1Opinion of the CourtGeovee, J.
The order is appealable to this court, and must be reviewed in the same manner as it was required to be by the General Term, upon the appeal taken to that court by the defendant. (Code, § 11, subd. 4.) The entire answer of the defendant was struck out. It was a general denial of the complaint. It was verified by the defendant before service in the manner required by the Code when the complaint is verified. The motion to strike it out was made upon affidavits tending to show its falsity, and the court arriving at this conclusion, made the order striking it out as sham. The Code (§ 152)…
2Cases cited2 opinions
- The People v. . McCumberNew York Court of Appeals · 1858
- Steward v. HotchkissNew York Supreme Court · 1824
3Cited by63 opinions
- General Investment Co. v. Interborough Rapid Transit Co.New York Court of Appeals · 1923
- Dwan v. MassareneAppellate Division of the Supreme Court of the State of New York · 1922
- Hanna v. MitchellAppellate Division of the Supreme Court of the State of New York · 1922
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- Fleischer v. TerkerNew York Court of Appeals · 1932
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