Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: The court properly dismissed defendants' affirmative defenses because defendants failed to allege facts sufficient to support either a waiver or fraud on the part of plaintiff. Because the third-party complaint was based upon the same allegations as the affirmative defenses, it likewise should have been...
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.