Moot v. Bailey , 113 A.D. 889 ( 1906 )

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. Held, that the denial set forth in the 4th paragraph of the answer, being a necessary part of the affirmative defense therein alleged, should not have been stricken out. (See Douglass v. Phenix Ins. Co., 138 N. Y. 209.) All concurred, except Spring and Kruse, JJ., who dissented.