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Zimmerman v. Sonnenschein

151 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1915-02-26 Docket No. 6948 English

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p. 1151
ZIMMERMAN et al. v. SONNENSCHEIN et al.
(No. 6948.)
(Supreme Court, Appellate Division, First Department.
February 26, 1915.)

Headnote

Appeal from Special Term, New York County. Action by Joseph Zimmerman and others against Benjamin Sonnenschein and others. From an order striking out the answer as frivolous, certain defendants appeal.
Reversed, and motion denied.
Louis Joseph, of New York City, for appellants. Bernard Breitbart, of New York City, for respondents.

The defense of usury is sufficiently pleaded to resist a motion to strike out the answer as frivolous. The order should be reversed, with $10 costs and disbursements, and the motion denied, without costs.