Murphy v. Delaney

In the absence of a reply by the petitioner, setting in issue the new matter contained in the answer of the respondents, the ultimate facts alleged in the affirmative defense must be deemed admitted. (Civ. Prac. Act, § 1292; People ex rel. Ajas v. Board of Education, 104 App. Div. 162; Bentley v. Jeacock, 14 N. Y. S. 2d 366.) The denials contained in the answer are perfunctory and raise no triable issue of fact. The questions of law may, therefore, be treated summarily. (Civ. Prac. Act, § 1295.)

Petitioner asserts that he, and the eleven others on whose behalf this proceeding is brought, were…