¶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.
283 A.D. 940
Gardner v. Pope
Appellate Division of the Supreme Court of the State of New York
Decided May 25, 1954
Appellate Division of the Supreme Court of the State of New York · decided 1954-05-25
Decided 1954-05-25