Appellate Division of the Supreme Court of New York, 1945

Farer v. Public Service Mutual Casualty Co.

Farer v. Public Service Mutual Casualty Co.
Appellate Division of the Supreme Court of New York · Decided December 20, 1945
269 A.D. 1034; 59 N.Y.S.2d 379; 1945 N.Y. App. Div. LEXIS 5161
Farer v. Public Service Mutual Casualty Co.

Opinion of the Court

Order appealed from modified by granting the motion to strike out the “ Third ”, Fourth ”, “ Fifth ” and “ Sixth ” affirmative defenses, with leave to the defendant to plead over the matter contained in the Third ”, Fourth i' and “ Fifth ” affirmative defenses as - partial defenses,' and as so modified affirmed, with $20 costs and disbursements to the appellant. Present — Martin, P. J., Townley, Callahan, Wasservogel and Peck, JJ.; Wasservogel, J., dissents and votes to affirm. No opinion. Settle order on notice.

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