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Stein v. Dunne

190 N.Y. 524 Court N.Y. Decision date 1907-12-03 English

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p. 524
Edith C. Stein, Respondent, v. James Dunne, Appellant.

Headnote

Stein v. Dunne, 119 App. Div. 1 , affirmed.
(Argued November 18, 1907;
decided December 3, 1907.)
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 19, 1907, which reversed a judgment of Special Term sustaining defendant’s demurrer to the reply and dismissing the complaint and overruled such demurrer.
The following question was certified: “Are the plaintiff's several replies to the affirmative defenses set out in the defendant’s answer sufficient in law upon the face thereof % ”
H. Y. Rutherford and Mor gam, J. O’Brien for appellant.
Charles Coldzier and Lords J. Yorhaus for respondent.

Order affirmed, with costs; question certified answered in the affirmative; no opinion.

Concur: Cullen, Ch. J., Gray, Werner and Chase, JJ. Dissenting: Vann and Willard Bartlett, JJ. Absent: O’Brien, J.

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