Ehret v. Brown — 109 N.Y.S. 1128

Majority

p. 1128

EHRET, Respondent, v. BROWN, Appellant. SAME v. WELLS.

(Supreme Court, Appellate Division, First Department.

March 20, 1908.)

Headnote

Appeal from Special Term. Actions by George Ehret against Willard Brown and Charles W. Wells. From orders striking out parts - of the answer as irrelevant, defendants appeal. Orders modified.

Frank E. Smith, for appellants. Frederic W. Hinrichs, for respondent.

So much of the orders appealed from as requires the caption of the second separate defense to add the words “and not as a counterclaim” should be stricken out.

p. 1129

As so modified, the orders should he affirmed, with $10 costs and disbursements to the respondent on each appeal.