WILK v. ANDREA RADIO CORP.


13 A.D.2d 745 (1961)

Maurice Wilk et al., Respondents, v. Andrea Radio Corporation et al., Appellants

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

May 16, 1961


Order, entered on March 16, 1960, granting plaintiffs' motion to dismiss eight complete and partial separate defenses, unanimously modified, on the law, with $20 costs and disbursements to respondents, to the extent of reinstating the eighth separate and partial affirmative defense, and is otherwise affirmed.

The eighth defense pleads matter indicating lack of malice or intent to injure plaintiffs and may therefore be asserted in mitigation of the exemplary damages...

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