Legal Opinion
Brener & Lewis, Inc. v. Fawcett Publications, Inc.
New York Supreme Court
Decided May 20, 1949PublishedCited by 8 opinions
1Opinion of the CourtMiller, J.
This is a motion to strike out the first and second defenses for alleged insufficiency. The first defense should he allowed to remain under the rule prevailing in this department that matter provable under denials should not be stricken from an answer (Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67, 68). The allegations of the defense negate plaintiff’s *208claim that the offer of its customer was accepted by and satisfactory to defendant, and also tend to controvert plaintiff’s claim that it was employed by defendant.
The second defense is also sufficient. It alleges that plaintiff was…
2Cases cited2 opinions
- Schultz v. MorrisonNew York Supreme Court · 1915
- Home Insurance v. T. A. Gillespie Loading Co.Appellate Division of the Supreme Court of the State of New York · 1927
3Cited by8 opinions
- Galbreath-Ruffin Corp. v. 40th & 3rd Corp.New York Court of Appeals · 1967
- Weniger v. Union Center Plaza AssociatesDistrict Court, S.D. New York · 1974
- Rosenthal v. ART METAL, INC., ETC. & GEN. DYN.New Jersey Superior Court Appellate Division · 1968
- Galbreath-Ruffin Corp. v. 40th & 3rd Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- Magoba Management, Inc. v. Central Zone Property Corp.New York Supreme Court · 1956
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