Hyperlawhypertext legal databasebeta Family Finance Corp. v. National Surety Corp. 180 Misc. 496

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Family Finance Corp. v. National Surety Corp.

180 Misc. 496 Court Supreme Court, Appellate Term, First Department, Decision date 1943-05-19 English

Contents

Majority

p. 496
Family Finance Corporation, Appellant, v. National Surety Corporation, Respondent, et al., Defendants.
Supreme Court, Appellate Term, First Department,
May 19, 1943.
p. 497
Julius Winn for appellant.
Samuel Wollan for respondent.

A contingent or hypothetical pleading is improper. Such a pleading does not either deny or confess and avoid, as required by statute. (Stroock Plush Co. v. Talcott. 129 App. Div. 14 .)

Order modified by granting1 plaintiff’s motion to strike out the first and second defenses in answer, with leave to serve an amended answer within five days after service of order entered hereon, and as modified affirmed, without costs.

Hammer, Shientag and Hecht, JJ., concur.