Bagley & Sewall Co. v. Shell Oil Co.

268 A.D. 888 | N.Y. App. Div. | 1944

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, on the ground that the movant’s affidavit fails to show conclusively that the affirmative defenses moved against are sham. (See Cocoa Trading Corp. v. Bayway Terminal Corp., 290 N. Y. 865.) All concur. (The order strikes out allegations in certain defenses contained in the defendants' answers. Present — Cunningham, P. J., Taylor, Dowling, Harris and Larkin, JJ.