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Zimmerman v. Sonnenschein

167 A.D. 896 Court N.Y. App. Div. English

Contents

Majority

p. 896
Joseph Zimmerman and Others, Respondents, v. Benjamin Sonnenschein and Louis Sonnenschein, Appellants, Impleaded with Others.

Headnote

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 31st day of December, 1914, overruling the appellants’ answers as frivolous.

The defense of usury is sufficiently pleaded to resist a motion to strike out the answer as frivolous. The order should he reversed, with ten dollars costs and disbursements, and the motion denied, without costs. Present — Clarke, Laughlin, Scott, Dowling and Hotchkiss, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, without costs.