Litkind v. Ward
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHeffernan, J.
Defendants have appealed from two orders of the New York Special Term of the Supreme Court. One of these orders denied their motion for judgment on the pleadings pursuant to rule 112 of the Rules of Civil Practice; the other order granted plaintiff’s cross-motion, made under rule 109 of the Rules of Civil Practice, to strike out an affirmative defense contained in the answer, on the ground that such defense, consisting of new matter, is insufficient in law.
The appeal was originally perfected in the Appellate Division, First Department. While pending in that department defendants procured a…
2Cases cited16 opinions
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Frank Shepard Co. v. Zachary P. Taylor Publishing Co.New York Court of Appeals · 1923
- Cook v. . ConnersNew York Court of Appeals · 1915
- People Ex Rel. Gellis v. SheriffNew York Court of Appeals · 1929
- Hollenbeck v. Ætna Casualty & Surety Co. of Hartford, ConnecticutAppellate Division of the Supreme Court of the State of New York · 1926
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