ROSENTHAL v. MFRS. HANOVER TRUST CO.


30 A.D.2d 650 (1968)

Ludwig Rosenthal, Doing Business under the Name of Sportcraft Bag Co., Appellant, v. Manufacturers Hanover Trust Company, Respondent

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

June 11, 1968


Order, entered January 16, 1968, unanimously modified, on the law, to strike defendant's three affirmative defenses for insufficiency on the face thereof, without prejudice to application by defendant at Special Term for leave to amend his answer to interpose any proper affirmative defense upon proof of prima facie factual support for the merit thereof (see CPLR 3211, subd. [e]), and order otherwise affirmed, with $50 costs and disbursements to abide the event, without prejudice...

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