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Diener v. Towns

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1929
225 App. Div. 896 (N.Y. App. Div. 1929)

Opinion

February, 1929.


Order denying motion to strike out reply affirmed, with ten dollars costs and disbursements. Assuming, without deciding, that the availability of a form of denial is to be determined upon the basis of the knowledge of the party and not of the attorney, the motion was properly denied because the allegations of paragraph 13 of the answer relate to facts not necessarily within defendant's knowledge, and, therefore, denial of knowledge or information thereof sufficient to form a belief is proper. Lazansky, P.J., Hagarty, Seeger, Carswell and Scudder, JJ., concur.


Summaries of

Diener v. Towns

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1929
225 App. Div. 896 (N.Y. App. Div. 1929)
Case details for

Diener v. Towns

Case Details

Full title:LOUIS DIENER, Respondent, v. MIRABEAU C. TOWNS, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 1, 1929

Citations

225 App. Div. 896 (N.Y. App. Div. 1929)