¶1Order denying plaintiff’s motion to strike out paragraph 2 of the amended answer and to strike out the defendants’ entire amended answer and for summary judgment affirmed, with ten dollars costs and disbursements. The undertaking on appeal, given pursuant to section 598 of the Civil Practice Act, is to be read in the light of section 1083-a of the Civil Practice Act, which last-mentioned section is invoked in the paragraph of the answer sought to be struck out by the plaintiff. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.
249 A.D. 766
Peeil v. Hasselbush
Appellate Division of the Supreme Court of the State of New York
Decided December 18, 1936
Appellate Division of the Supreme Court of the State of New York · decided 1936-12-18
Decided 1936-12-18