Halberstadt v. . New York Life Ins. Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1908, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the second and third defenses of the answer and overruled such demurrer. The questions certified are : First.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 8, 1908, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the second and third defenses of the answer and overruled such demurrer. The questions certified are : First. Whether the matter set up as a second, further and separate defense in the paragraphs numbered III and IY in the answer is insufficient in law upon the face thereof to constitute a defense to the complaint. Second. Whether the matter set up as a third, further and…
1Opinion of the Court
Hisoock, tl.
This appeal involves interesting questions in an action for malicious prosecution raised by demurrer to certain affirmative defenses which have been pleaded.
The respondent’s first reply to the appellant’s attack upon its answer is of the tu guogue nature, it insisting that the complaint is as deficient in the statement of a good cause of action as the answer is alleged to be in the statement of a good defense. This contention is based upon the fact that the complaint does not allege any act subsequent or in addition to the mere issuance of a warrant in the criminal proceeding…
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