Clearmont v. Riley

151 N.Y.S. 1110 Court N.Y. App. Div. Decision date 1915-01-06 English

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p. 1110

CLEARMONT, Appellant, v. RILEY et al., Respondents.

(Supreme Court, Appellate Division, Third Department.

January 6, 1915.)

Headnote

Action by Benjamin O. Clearmont against Clinton Riley and others.

No opinion. Order affirmed, with $10 costs and disbursements, upon the ground that the sufficiency of the defense cannot be tested by motion to strike out as irrelevant. Tierney v. Helvetia-Swiss Fire Ins. Co., 129 App. Div. 694 , 114 N. Y. Supp. 139 .