Appellate Division of the Supreme Court of New York, 1958

Erbe v. Lincoln Rochester Trust Co.

Erbe v. Lincoln Rochester Trust Co.
Appellate Division of the Supreme Court of New York · Decided January 15, 1958 · Bastow, Goldman, Halpern, Kimball, Williams
5 A.D.2d 802
Erbe v. Lincoln Rochester Trust Co.

Opinion of the Court

Order affirmed, with $10 costs and disbursements. Memorandum: Without attempting at this time to determine the sufficiency of the defense as pleaded, we believe that the defense should properly remain in the answer for disposition at the trial. All concur. (Appeal from an order of Monroe Special Term denying plaintiffs’ motion to strike out an affirmative defense contained in the answer of defendant Lincoln Rochester Trust Co.)

Present — Kimball, J. P., Williams, Bastow, Goldman and Halpern, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.