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Farer v. Public Service Mutual Casualty Co.

269 A.D. 1034 Court N.Y. App. Div. Decision date 1945-12-20 English

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p. 1034
Louis Farer, Appellant, v. Public Service Mutual Casualty Co., Respondent.

Order appealed from modified by granting the motion to strike out the “ Third ”, “ Fourth ”, “ Fifth ” and “ Sixth ” affirmative defenses, with leave to the defendant to plead over the matter contained in the “ Third ”, “ Fourth i' and “ Fifth ” affirmative defenses as - partial defenses,' and as so modified affirmed, with $20 costs and disbursements to the appellant. Present — Martin, P. J., Townley, Callahan, Wasservogel and Peck, JJ.; Wasservogel, J., dissents and votes to affirm. No opinion. Settle order on notice.