From Casetext: Smarter Legal Research

Domestic Finance Corporation v. McConnell

Appellate Division of the Supreme Court of New York, Third Department
May 31, 1967
28 A.D.2d 634 (N.Y. App. Div. 1967)

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.


Summaries of

Domestic Finance Corporation v. McConnell

Appellate Division of the Supreme Court of New York, Third Department
May 31, 1967
28 A.D.2d 634 (N.Y. App. Div. 1967)
Case details for

Domestic Finance Corporation v. McConnell

Case Details

Full title:DOMESTIC FINANCE CORPORATION, Respondent, v. EDGAR McCONNELL, Appellant

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

Date published: May 31, 1967

Citations

28 A.D.2d 634 (N.Y. App. Div. 1967)