Legal Opinion

Madison v. Neuburger

New York Supreme Court

Decided October 26, 1927Published

1Opinion of the CourtFbankenthaleb, J.

The language complained of in paragraph 3 of the answer manifestly fails to comply with the requirements of section 261 of the Civil Practice Act. It constitutes neither a general nor a specific denial of any allegation of the complaint or of knowledge or information thereof sufficient to form a belief. It is equally deficient as a statement of new matter constituting a defense or counterclaim. It is impossible to ascertain from the language objected to whether the defendant denies or admits the allegations of the complaint referred to in paragraph 3 of the answer. If defendant is ignorant of…

2Cases cited10 opinions

  1. Morgan Munitions Supply Co. v. Studebaker Corporation of AmericaNew York Court of Appeals · 1919
  2. Harley v. . PlantNew York Court of Appeals · 1914
  3. Cutter v. CooperMassachusetts Supreme Judicial Court · 1920
  4. Smith v. . CoeNew York Court of Appeals · 1902
  5. Millspaugh v. PotterAppellate Division of the Supreme Court of the State of New York · 1901

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