TWO CLINTON SQUARE CORP. v. GORIN STORES, INC.


51 A.D.2d 643 (1976)

Two Clinton Square Corp., Respondent, v. Gorin Stores, Inc., Appellant

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

January 9, 1976


Order and judgment unanimously affirmed, with costs.

Memorandum:

We agree with defendant-appellant that Special Term erred as a matter of law in striking its amended answer and counterclaim to plaintiff-respondent's amended complaint on the eight grounds specified in the order, as follows: (1) Although defendant's general denial of plaintiff's third cause of action did not comply with CPLR 3016 (subd [f]) and hence was insufficient to raise a triable issue...

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