Dowsey v. Village of Kensington — 222 A.D. 831

Majority

p. 831

Corrie M. Dowsey, Appellant, v. Village of Kensington and Others, Respondents. (Action No. 1.)

Order denying plaintiff’s motion to strike out separate defenses in amended answer reversed upon the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, upon the ground that they are insufficient in law upon their face. (Star Co. v. Brush, 185 App. Div. 261 ; Board, of Education v. Van Zandt, 119 Misc. 124 ; affd., 204 App. Div. 856 ; 234 N. Y. 644 .) Young, Hagarty and Seeger, JJ., concur; Kapper and Carswell, JJ., dissent and vote to affirm.

Cases cited

Board of Education v. Van Zandt 119 Misc. 124 N.Y. Sup. Ct. p. 831
Board of Education v. Van Zandt 234 N. Y. 644 N.Y. 1923-01-09 p. 831