Berger Service Cleaning & Dyeing Corp. v. Fleischman

Action to enjoin unfair competition. Order denying plaintiff’s motion to strike out the first and second affirmative defenses in the answer as insufficient, for judgment on the pleadings, and to strike out the second complete affirmative defense as frivolous, affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., Merrell, Townley, Glennon and Untermyer, JJ.; Untermyer, J., dissents and votes to modify by striking out the first defense.