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MOORE v. CITY OF YONKERS

6 A.D.2d 712 (1958)

Robert Moore, Respondent, v. City of Yonkers, Appellant

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

May 19, 1958

Order affirmed, with $10 costs and disbursements.

While it is true that in the ordinary case allegations contained in a separate defense are deemed denied or traversed, nevertheless where, as here, a reply to the separate defenses has been served, the issues are clearly drawn and all the pleadings and bills of particulars should be considered and if no triable issue of fact is presented judgment on the pleadings may properly...

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