MORGENSTERN v. COHON


1 A.D.2d 330 (1956)

Frank N. Morgenstern, Respondent, v. Morris Cohon, Appellant

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

March 29, 1956.


Attorney(s) appearing for the Case

Lester Samuels of counsel (Adolph Kaufman with him on the brief; Weisman, Celler, Allan, Spett & Sheinberg, attorneys), for appellant.

Maxwell Wyckoff of counsel (George L. Livingston with him on the brief; Livingston, Livingston & Harris, attorneys), for respondent.

BREITEL, FRANK and BERGAN, JJ., concur in Per Curiam opinion; BOTEIN, J., dissents and votes to reverse in opinion, in which PECK, P. J., concurs.


Per Curiam.

Defendant appeals from an order granting plaintiff's motion to strike the first affirmative defense for insufficiency (Rules Civ. Prac., rule 109). The defense was held insufficient upon the ground that it contained mere conclusions of law unsupported by allegations of fact. The order grants defendant leave to serve an amended answer.

The complaint, in substance, alleges that defendant requested...

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