Flushing Manor, Inc. v. Hotkin

Order affirmed, with ten dollars costs and disbursements. This court has held that under rule 104 of the Rules of Civil Practice, affidavits may be used on a motion to strike out an answer as sham. (Liberty Investing Corp. v. Huntington Investing Corp., 224 App. Div. 867.) Rule 112 of the Rules of Civil Practice is not applicable to the state of facts presented here, and reference thereto in the notice of motion and the order is disregarded as immaterial. Lazansky, P. J., Young, Kapper, Carswell and Davis, JJ., concur.

Case Details

Case Name: Flushing Manor, Inc. v. Hotkin

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Oct 15, 1931

Citation: 234 A.D. 716

Court Abbreviation: N.Y. App. Div.