Pope Manufacturing Co. v. Rubber Goods Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by the Pope Manufacturing Company against the Rubber Goods Manufacturing Company. From an order denying defendant’s motion to compel plaintiff to reply to the separate defenses set up in the answer, defendant appeals.
1Opinion of the CourtHatch, J.
This is the last of three motions made in connection with the pleadings in this action. The first asked to strike out a large part of the complaint in the action. The second sought to strike out a considerable part of the replies pleaded to the defendant’s counterclaims set up in its answer. We infer that the present motion to compel a reply, if granted, will furnish the basis for a new motion to strike them out. We quite agree with the learned court below in its opinion, delivered upon denying the motion, “that the interests of justice will best be subserved by not further complicating these…
2Cases cited1 opinion
- Hallenborg v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903