Garfield National Bank v. Kirchwey

Van Wyck, Ch. J.

The. defendant’s original answer labeled his affirmative plea-as “a defense* set-off, recoupment, cause of action, and counterclaim .to the matters alleged in the complaint,” and to this plaintiff objected, and properly sought and obtained, on motion,-an order compelling defendant to make his answer more definite and certain by separately stating each and every defense or counterclaim. This order the defendant had fully obeyed when he served ah amended answer by the second subdivision of which he set forth as follows, “ further' answering by way of defense,” and by the third…