¶1*722The “ Third ” and “ Seventh ” defenses were improperly struck out. They allege facts which may be found to affect the right of the plaintiffs to an injunction. (Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67; Schwartz v. Klein, 272 App. Div. 834; Straus v. American Publishers’ Assn., 103 App. Div. 277.) Carswell, Acting P. J., Johnston, Adel, Sneed and Mac-Crate, JJ., concur.
275 A.D.2d 721
Troller v. Michel
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1949
Appellate Division of the Supreme Court of the State of New York · decided 1949-03-21
Decided 1949-03-21