OGINO v. BLACK


304 N.Y. 872 (1952)

Yoshi Ogino, Appellant and Respondent, v. Bernard C. Black, Respondent and Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 5, 1952


Attorney(s) appearing for the Case

Robert Aronstein and William B. Aronstein for appellant-respondent.

John F. X. Finn and Norman C. Mendes for respondent-appellant.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.


Per Curiam.

So much of the order of the Appellate Division as affirmed the Special Term orders appealed from, to the extent that they strike out the first two separate affirmative defenses in the amended answer, is affirmed, without costs, and the first, third and fourth certified questions are answered in kthe affirmative. To answer the second certified question would determine the very issue which the Appellate Division...

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