Farer v. Public Service Mutual Casualty Co.

Full title: LOUIS FARER, Appellant, v. PUBLIC SERVICE MUTUAL CASUALTY CO., Respondent

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

Date published: Dec 20, 1945

269 App. Div. 1034 (N.Y. App. Div. 1945)

Opinion

December 20, 1945.

Present — Martin, P.J., Townley, Callahan, Wasservogel and Peck, JJ.; Wasservogel, J., dissents and votes to affirm. No opinion. Settle order on notice.

Order appealed from modified by granting the motion to strike out the "Third", "Fourth", "Fifth" and "Sixth" affirmative defenses, with leave to the defendant to plead over the matter contained in the "Third", "Fourth" and "Fifth" affirmative defenses as partial defenses, and as so modified affirmed, with $20 costs and disbursements to the appellant.