Hitching v. Robinson

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1921

Appellate Division of the Supreme Court of the State of New York · decided 1921-04-15

Appeal by the defendant, George N. Robinson, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Richmond on the 14th day of February, 1921, striking out certain paragraphs from the answer. Both causes of action are upon contract. The first was for services between June 17, 1918, and July 8, 1920, in renting the Robinson. Building.

Relies on Douglass v. Phenix Insurance

Decided 1921-04-15

Jenks, P. J. (dissenting):

¶1I dissent and vote to modify the order in so far as it strikes out paragraph or subdivision V of defendant’s answer to the amended complaint. (See Douglass v. Phenix Ins. Co., 138 N. Y. 209; Bulova v. Barnett, Inc., 193 App. Div. 167et seq.)

¶2Order affirmed, with ten dollars costs and disbursements.