Hagedorn-Merz Co. v. Burns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Hagedorn-Merz Co., from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Sullivan on the 29th day of May, 1916, denying plaintiff’s motion for an order striking out the portion of the answer herein which denies “ each and every other allegation contained in said complaint, except as hereinafter admitted, qualified or explained ” as frivolous and for judgment on the pleadings.
1Opinion of the Court
Sewell, J.:
The notice of appeal states that the appeal is from an order granted herein at a Special Term of the Supreme Court, “ entered in the Sullivan county clerk’s office on May 29, 1916, denying plaintiff’s motion that that portion of the answer herein which ‘ denies each and every other allegation contained in said complaint except as hereinafter admitted, qualified or explained ’ be stricken out as frivolous.”
In reviewing the order appealed from it is not necessary to express an opinion with respect to the form of the denial, for, assuming that it does not controvert any allegation of…
2Cases cited4 opinions
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- Strong v. . SproulNew York Court of Appeals · 1873
- Briggs v. . BergenNew York Court of Appeals · 1861
- Soper v. St. Regis Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902