Appellate Division of the Supreme Court of New York, 1917

Blohm v. Everett

Blohm v. Everett
Appellate Division of the Supreme Court of New York · Decided November 15, 1917
181 A.D. 883
Blohm v. Everett

Opinion of the Court

Plaintiff has a right to have the answer state new matter as a counterclaim separate and distinct from the same plea as a defense. The denials sought to be imported by reference to the former part of the answer were unavailing, because in confused form. If essential to complete the separate plea, and to save application of the rule in pari delicto, such denials can be directly made in the answer .as amended. Order affirmed, with ten dollars costs and disbursements. Jenks, P. J., Mills, Rich, Putnam and Blackmar, JJ., concurred.

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