Order and judgment entered thereon, unanimously reversed, with costs and motion denied, with $10 costs, with leave to defendant to serve an amended answer within 20 days after service of the order to be entered herein.
Memorandum:
Issues of fact are presented that require a trial. Moreover, technical defects in the pleading of an adversary are not available to a plaintiff upon an application for summary judgment. (Curry v. MacKenzie, 239 N.Y. 267, 272...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
