Carpenter v. Mergert

Gaynor, J.:

In order to separate the denials from other matter it is necessary to determine what a denial is. I had supposed that to be a plain matter about which there could be no difference of opinion now, any more than there has ever been from the beginning. But in the recent case of Soper v. St. Regis Paper Co. (76 App. Div. 409), the opinion contains the following:

“ The' rule is well settled that a material fact alleged is not controverted or put in issue by a statement inconsistent with the facts, or from which a denial may be implied or inferred (Rodgers v. Clement, 162 N. Y. 428; Smith…