Legal Opinion

Dowsey v. Village of Kensington

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1928Published

1Opinion of the Court

Order denying plaintiff’s motion to strike out separate defenses in amended answer reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the ground that they are insufficient in law upon their face. (Star Co. v. Brush, 185 App. Div. 261; Board, of Education v. Van Zandt, 119 Misc. 124; affd., 204 App. Div. 856; 234 N. Y. 644.) Young, Hagarty and Seeger, JJ., concur; Kapper and Carswell, JJ., dissent and vote to affirm.

2Cases cited3 opinions

  1. The Bd. of Educ. of the City of Rochester v. . Van ZandtNew York Court of Appeals · 1923
  2. Board of Education v. Van ZandtNew York Supreme Court · 1922
  3. Star Co. v. BrushAppellate Division of the Supreme Court of the State of New York · 1918