Legal Opinion
Association for the Preservation of Freedom of Choice, Inc. v. Nation Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 1961Published
1Opinion of the Court
The allegations that plaintiff Donald A. Swan had been guilty of particular wrongdoing and had engaged in certain criminal activities as contained in paragraph “5 ”, are not so related to the charge or the truth thereof as to be allowable as the basis of a defense or partial defense. (See Crane v. New York World Tel. Corp., 308 N. Y. 470, 477; also Holmes v. Jones, 147 N. Y. 59, 68; Schieffelin v. Hylan, 178 N. Y. S. 652, 659, affd. 190 App. Div. 903; Bergstrom v. Ridgeway Co., 138 App. Div. 178, 182.) The plaintiffs do not attack the sufficiency of the second defense insofar as it tends to…
2Cases cited9 opinions
- Briarcliff Lodge Hotel, Inc. v. Citizen-Sentinel Publishers, Inc.New York Court of Appeals · 1932
- Hoeppner v. Dunkirk Printing Co.New York Court of Appeals · 1930
- Foley v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
- Mattice v. . WilcoxNew York Court of Appeals · 1895
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