Hidden v. Godfrey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marion E. D. Van Dyke, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of September, 1903, overruling the answer of the appellant as frivolous and directing judgment thereon, and also from the judgment entered thereon in said clerk’s office on the 19th day of September, 1903.
1Opinion of the Court
O'Brien, J.:
The complaint herein ivas the usual one in an action to foreclose a mortgage. The answer of the defendant Van Dyke was a denial in the following words:
*497“ Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraphs I, II, III, IV, V and VI (comprising all the essential paragraphs) of the complaint.”
Section 500 of the Code of Civil Procedure provides that the answer must contain “ a general or specific denial of each material allegation of the complaint * * * or of any knowledge or information thereof sufficient to form a belief.”
The…
2Cited by4 opinions
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- Baumfeld v. German Theatre, Inc.Appellate Division of the Supreme Court of the State of New York · 1909
- Hidden v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1904