Raisin v. Schechtman

Appellate Terms of the Supreme Court of New York

Decided January 15, 1915

Appellate Terms of the Supreme Court of New York · decided 1915-01-15

Action by Isidor Raisin against Louis Schechtman. From an order striking certain denials in defendant’s answer, on the ground that they were frivolous and sham, defendant appeals.

Reversed, and motion to strike denied · Decided 1915-01-15

PER CURIAM.

¶1The court has no power to strike out portions of defendant’s answer as sham or frivolous which put in issue material allegations of the complaint. Schlesinger v. McDonald, 106 App. Div. 570, 94 N. Y. Supp. 721; Howe v. Elwell, 57 App. Div. 357, 67 N. Y. Supp. 1108; Alexander v. Aronson, 65 App. Div. 174, 72 N. Y. Supp. 640.

¶2The order must therefore be reversed, with $10 costs and disbursements, and motion denied, with $10 costs.