DE CESARE v. PALAZINI


30 A.D.2d 995 (1968)

Ida De Cesare, Appellant, v. Rosa Palazini, Respondent

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

October 17, 1968


AULISI, J.

In this action to recover against defendant maker on a promissory note, appellant contends that the trial court erred in admitting proof of an alteration of the instrument since defendant failed to allege the alteration as an affirmative defense in his answer. We do not agree. It is well settled that an alteration of a note may be shown under a general denial (Schwarz v. Oppold, 74 N.Y. 307; Starasvetsky v. Feldman, 208 App. Div...

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