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283 A.D. 940

Gardner v. Pope

Appellate Division of the Supreme Court of the State of New York · decided 1954-05-25

Decided 1954-05-25

¶1The illegality of the agreement and any other defenses may be raised by way of answer. It is not possible on the basis of a motion addressed to the sufficiency of the complaint to pass upon the validity of the agreement or completely appraise its propriety. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Peck, P. J., Breitel, Bastow and Botein, JJ.

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