Leotaud v. New York Telephone Company

Full title: HELEN POTTER LEOTAUD, Respondent, v. NEW YORK TELEPHONE COMPANY, Appellant

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

Date published: Nov 1, 1929

227 App. Div. 835 (N.Y. App. Div. 1929)

Opinion

November, 1929.

Order reversed, on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the answer alleges a defense as to a special right the defendant has in the property, and it is entitled to plead the defense although it may not be able to establish it successfully on the trial. Van Kirk, P.J., Hinman, Davis, Hill and Hasbrouck, JJ., concur.