Schlesinger v. McDonald
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Owen P. McDonald, from an order of the Supreme Court,'made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 4th day.of May, 1905, granting the plaintiffs motion to strike out as' sham certain denials in the answer interposed by the defendant.
1Opinion of the Court
Ingraham, J.:
We do not think the court below was justified in striking out as sham denials of material portions of the complaint in an action at law whereby the general issue was raised as to such allegations whether the denials are absolute, upon information' and belief, or upon an allegation that the defendant has not knowledge or information sufficient to form a belief as to the truth of such allegations. It has been the universal rule since Wayland v. Tysen (45 N. Y. 281) and Thompson v. Eric R. Co. (Id. 468) that “ A verified answer *571which interposes a general denial to the complaint, is…
2Cases cited3 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Rodgers v. . ClementNew York Court of Appeals · 1900
- Gallagher v. MerrillAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Neubauer v. American Seating Co.U.S. Circuit Court for the District of Western New York · 1909
- Raisin v. SchechtmanAppellate Terms of the Supreme Court of New York · 1915