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Garben v. McKittrick

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1928
225 App. Div. 772 (N.Y. App. Div. 1928)

Opinion

December, 1928.


Order granting defendant's motion to strike out the first separate defense contained in the reply to the counterclaim in defendant's amended answer reversed upon the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The Statute of Limitations was properly pleaded as a defense to the counterclaim, which attempts to set forth a cause of action for malpractice. ( Fish v. Conley, 221 App. Div. 609; Black v. Van Aiken, 224 id. 759.) Lazansky, P.J., Rich, Young, Kapper and Hagarty, JJ., concur.

See Civ. Prac. Act, § 50, subd. 1. — [REP.


Summaries of

Garben v. McKittrick

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1928
225 App. Div. 772 (N.Y. App. Div. 1928)
Case details for

Garben v. McKittrick

Case Details

Full title:LOUIS F. GARBEN, Appellant, v. JAMES McKITTRICK, Respondent

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

Date published: Dec 1, 1928

Citations

225 App. Div. 772 (N.Y. App. Div. 1928)

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