Harris v. Harris
New York Supreme Court
1Opinion of the CourtSamuel W. Eager, J.
There are before this court two motions by plaintiff, one to strike out the several affirmative defenses set forth in defendant’s answer as insufficient on the face thereof, and the other for summary judgment in plaintiff’s favor. The motions are consolidated, and one order shall be entered in accordance herewith.
The first defense is stricken. The allegations therein contained are merely conclusory without a setting forth of proper allegations factually showing payment or discharge. The second and fourth defenses are stricken. The allegations of these defenses are also purely conclusory in…
2Cases cited8 opinions
- Sistare v. SistareSupreme Court of the United States · 1910
- Nichols v. NicholsNew York Court of Appeals · 1954
- Duryea v. . BlivenNew York Court of Appeals · 1890
- Rehill v. RehillNew York Court of Appeals · 1953
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1939
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3Cited by3 opinions
- Magrill v. MagrillAppellate Terms of the Supreme Court of New York · 1959
- Abreu v. AbreuNew York City Family Court · 1965
- Webster v. WebsterNew York Supreme Court · 1958