Robertson v. Rockland Cemetery Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Thomas F. Robertson against the Rockland Cemetery .Improvement Company and others. From an order denying a motion to compel plaintiff’s attorneys to accept an amended answer, defendants appeal.
1Opinion of the CourtVan Beunt, P. J.
The complaint alleged two causes of action. The answer positively denied some of the allegations in the complaint, and denied others upon information and belief, and also set up an affirmative defense. This answer was, upon a motion being made, stricken out by the court as sham, by what authority we are unable to discover, as it is a well-settled rule that an answer raising the general issue cannot be stricken out as sham. Leave to amend, however, having been given, the defendants did not appeal, but served an amended answer, also raising the general issue and setting up some new matter. This…
2Cited by4 opinions
- Eastham v. Telegram Publishing Co.Oregon Supreme Court · 1926
- Blum v. BruggemannAppellate Division of the Supreme Court of the State of New York · 1901
- Burlingham v. GarganAppellate Terms of the Supreme Court of New York · 1910
- Robertson v. Rockland Cemetery Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1900