Legal Opinion

Duggan v. Lubbin

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

Decided February 18, 1927PublishedCited by 3 opinions

1Per curiam

The denials are improper in form. (See Kirschbaum v. Eschmann, 205 N. Y. 127.) Denials of any knowledge or *434information sufficient to form a belief, proper in form, may be interposed, except as to paragraphs 7th, 8th and 9th. The facts set forth in said paragraphs should be within the knowledge of the defendant. If the allegations thereof are true they should be admitted, otherwise direct denials may be interposed.

The affirmative defenses would have been sufficient if they had contained the additional allegations that at the time of the transaction set forth in the complaint the law of Canada…

2Cases cited1 opinion

  1. Kirschbaum v. . EschmannNew York Court of Appeals · 1912

3Cited by3 opinions

  1. Majerski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  2. Fox Film Corp. v. GrossDistrict Court, W.D. New York · 1932
  3. Corn Products Refining Co. v. Transmarine Corp.Appellate Division of the Supreme Court of the State of New York · 1927

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