Levinson v. Doscher

278 A.D. 806 | N.Y. App. Div. | 1951

Order, so far as appealed from, reversed, with $20 costs and disbursements, and the motion to strike out the second separate and complete defense denied. The defense is sufficient to assert defendant’s authority and justification, and may stand to permit the defendant to adduce the facts showing the circumstances under which he acted. Present — Peck, P. J., Dore, Callahan, Van Voorhis and Shientag, JJ.; Callahan, J., dissents and votes to affirm with leave to amend.