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20 Misc. 698

Phonoharp Co. v. Stobbe

City of New York Municipal Court

Decided July 15, 1897

City of New York Municipal Court · decided 1897-07-15

<p>Complaint — Defective verification.</p> <p>Where the verification of a complaint is clearly defective, the defendant may disregard the verification and serve an unverified answer.</p>

Decided 1897-07-15

McCarthy, J.

¶1The plaintiff is a foreign corporation and can only act by its representative or agent.

¶2This verification is clearly defective and may be treated as a nullity.

¶3Defendant then had a right to disregard this verification and serve an unverified answer. This is perfectly proper and regular.

¶4Order is reversed and plaintiff is compelled to accept the. defendant’s unverified answer without conditions.

¶5Yah Wyck, Ch. J., and Schuchmah, J., concur.

¶6Order reversed and plaintiff compelled to accept defendant’s unverified answer, without conditions.

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