New York Central Railroad v. Gillespie

Some of the defenses raised by the respondents are largely limited to questions of law. The important problem presented is whether the denials of fact in the answer present triable issues. The procedure under article 78 of the Civil Practice Act is a departure in respect of issues of fact from the procedure obtaining in actions generally. Until time enough has elapsed to give adequate judicial construction to its provisions the practice remains somewhat nebulous.

The act provides that the answer must contain “ proper denials and statements of new matter, as in an action.” (Civ. Prac. Act, §…