Opinion
May 31, 1967
MEMORANDUM BY THE COURT. Appeal from an order of the County Court of Albany County, granting a motion to strike certain paragraphs from defendant's answer. The County Court correctly dismissed the defense of bankruptcy as insufficient to bar plaintiff's cause of action in fraud. The additional allegations moved against are actually evidentiary, tending, if true, to disprove the elements of the fraud alleged; including that of plaintiff's reliance upon the supposed misrepresentations. All of these defensive allegations can be proven under the general denials in the answer; and while they are harmless and nonprejudicial and might well have been ignored, and although plaintiff's motion papers leave much to be desired, we are not inclined to interfere with the County Court's determination. Order affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by the court.