Costello v. Michaels

233 A.D. 761 Court N.Y. App. Div. Docket Appeal No. 2 English

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p. 761

Francis M. Costello, Respondent, v. John Michaels, Appellant.

(Appeal No. 2.)

Order granting plaintiff’s motion to strike out separate defense in second amended answer reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The determination is based upon the question of pleading only. Lazansky, P. J., Kapper, Hagarty, Carswell and Davis, JJ., concur.