BALAKA v. STORK REST., INC.


279 A.D. 925 (1952)

Daisy Balaka, Respondent, v. Stork Restaurant, Inc., Doing Business as The Stork Club, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 17, 1952.


Order denying defendant's motion to direct plaintiff to serve a reply to the affirmative defense contained in its answer reversed on the law, without costs, and motion granted, without costs; the reply to be served within twenty days after entry of the order hereon. The action shall retain its place on the calendar. The denial of the motion was an improvident exercise of discretion. Order denying defendant's motion for a separate trial of the issue arising upon said affirmative...

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