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Keenan v. Milk

151 N.Y.S. 1123 Court N.Y. App. Div. Decision date 1915-01-15 English

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p. 1123
KEENAN, Appellant, v. MILK, Respondent et al.
(Supreme Court, Appellate Division Second Department.
January 15, 1915.)

Headnote

Action by Frank Keenan against Morris Milk and another.

The matters alleged in the “first separate defense” in the answer of defendant Morris Milk do not constitute a defense to the cause of action set forth in the complaint. These matters were provable under the denials of the answer, and it was not proper pleading to set them up as an affirmative defense. Therefore the motion of plaintiff to sustain his demurrer to these matters when pleaded as a defense should have been granted. Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs.