From Casetext: Smarter Legal Research

Lopinto v. Roldos

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1997
235 A.D.2d 233 (N.Y. App. Div. 1997)

Opinion

January 9, 1997.

Order, Supreme Court, New York County (Joan Lobis, J.), entered October 11, 1995, which, inter alia, granted plaintiffs' motion to dismiss defendants' second, third, fourth, fifth and seventh affirmative defenses and denied defendants leave to replead, unanimously modified, on the law, to reinstate such affirmative defenses, and otherwise affirmed, without costs.

Before: Sullivan, J. P., Wallach, Rubin, Williams and Tom, JJ.


We disagree with the IAS Court that particulars sufficient to give notice of what defendants intend to prove under their defenses cannot be gleaned from the papers on the instant motion ( cf., Immediate v St. John's Queens Hosp., 48 NY2d 671). If needed, further elucidation of the defenses should be sought through a demand for a bill of particulars.


Summaries of

Lopinto v. Roldos

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1997
235 A.D.2d 233 (N.Y. App. Div. 1997)
Case details for

Lopinto v. Roldos

Case Details

Full title:DIANE LOPINTO et al., Respondents, v. SANDY ROLDOS et al., Appellants, et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 9, 1997

Citations

235 A.D.2d 233 (N.Y. App. Div. 1997)
652 N.Y.S.2d 508

Citing Cases

534 East 11th St. Hous. Dev. Fund Corp. v. Hendrick

A defense should not be stricken where there are questions of fact requiring trial ( see e.g. Atlas Feather…