BRENER & LEWIS v. FAWCETT PUBL'N


197 Misc. 207 (1949)

Brener & Lewis, Inc., Plaintiff, v. Fawcett Publications, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

May 20, 1949.


Attorney(s) appearing for the Case

Alexander Pfeiffer and Clarence S. Barasch for plaintiff.

Macdonald De Witt, Harry H. Van Aken and William E. Flannery for defendant.


MILLER, J.

This is a motion to strike out the first and second defenses for alleged insufficiency. The first defense should be allowed to remain under the rule prevailing in this department that matter provable under denials should not be stricken from an answer (Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67, 68). The allegations of the defense negate plaintiff's claim that the offer of its...

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