MOSLER HOLDING CORP. v. BELL


2 A.D.2d 963 (1956)

Mosler Holding Corp., Appellant, v. William D. Bell et al., as Executors and Trustees under The Will of Dennistoun M. Bell, Deceased, Respondents

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

December 11, 1956


Order denying plaintiff's motion to strike the affirmative defenses unanimously modified to the extent of striking the first, second, third and fifth defenses. The fifth defense is insufficient and the first and second may be proven under the general denial. The allegation of the third defense that plaintiff accepted a deed with full knowledge of all matters alleged in the complaint may also be proven under the general denial. The alleged request not to discuss the electrical...

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