Brassington v. Rohrs — 48 N.Y. St. Rep. 936

Majority

p. 936

City Court of New York—General Term.

Filed October 24, 1892.

John D. Brassington, Resp’t, v. Frederick Rohrs, App’lt.

Headnote

Appeal from order striking out defense as sham.

H. Wehle, for app’lt; C. J. Hardy, for resp’t.

This is an appeal from an order striking out the first defense in defendant’s answer as sham.

The second defense had already been demurred to, and the demurrer was sustained, thus leaving the first defense the only one in the action.

From an inspection of this defense, and the affidavits used on the motion by the plaintiff and unanswered by the defendant, it is clear that this defense is sham, and merely put in for the purpose of delay and not in good faith.

The order appealed from should be affirmed, with costs.

Ehrlich, Ch. J., and Van Wyck, J., concur.