Davison v. Parke, Austin & Lipscomb, Inc.

256 A.D. 1071 | N.Y. App. Div. | 1939

Order unanimously modified by denying plaintiffs’ motion to strike out the first, second, third and fifth separate and distinct defenses of the amended answer, and as so modified affirmed, with twenty dollars costs and disbursements to the defendants-appellants, with leave to the defendants-appellants to serve an amended answer, repleading the defense of laches, within ten days after entry of order. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.