Appellate Division of the Supreme Court of New York, 1949
Troller v. Michel
Troller v. Michel
Appellate Division of the Supreme Court of New York · Decided March 21, 1949
275 A.D.2d 721
Troller v. Michel
Opinion of the Court
*722The “ Third ” and “ Seventh ” defenses were improperly struck out. They allege facts which may be found to affect the right of the plaintiffs to an injunction. (Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67; Schwartz v. Klein, 272 App. Div. 834; Straus v. American Publishers’ Assn., 103 App. Div. 277.) Carswell, Acting P. J., Johnston, Adel, Sneed and Mac-Crate, JJ., concur.