Chicken Delight E., Inc. v. Ro-En Paper Corp.

Full title: CHICKEN DELIGHT EASTERN, INC., Respondent, v. RO-EN PAPER CORP., Appellant

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

Date published: Jul 7, 1969

32 A.D.2d 945 (N.Y. App. Div. 1969)

303 N.Y.S.2d 839

Opinion

July 7, 1969

Appeal by defendant from so much of an order of the Supreme Court, Kings County, dated July 8, 1968, as, on two separate motions by plaintiff, (1) dismissed the two affirmative defenses in defendant's answer to the complaint and (2) vacated in part defendant's notice of examination before trial. Order reversed insofar as appealed from, on the law and the facts, with $10 costs and disbursements, and plaintiff's motions to dismiss the affirmative defenses and for a protective order denied. In our opinion, the affirmative defenses are sufficient in law to warrant a trial. Beldock, P.J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.