Hyperlawhypertext legal database D. P. C. Corp. v. Warman 23 A.D.2d 531

← Cases

D. P. C. Corp. v. Warman

23 A.D.2d 531 Court N.Y. App. Div. Decision date 1965-01-14 English

Contents

Majority

p. 531
D. P. C. Corporation, Respondent-Appellant, v. James W. Warman, Appellant-Respondent.

Order unanimously reversed, with costs, and motion denied, with $10 costs. Memorandum: In our opinion the new matter which has been stricken out would, if proven, constitute a defense to plaintiff’s cause of action. (Appeal by defendant from order of Onondaga Special Term dismissing affirmative defense in answer; also cross appeal from certain parts of the same order which fails to grant summary judgment to plaintiff.) Present — Williams, P. J., Goldman, Henry, Noonan and Del Yeeehio, JJ.