FINNERTY v. FRENCHMAN


283 A.D. 970 (1954)

Hubert M. Finnerty, Respondent, v. Harold Frenchman, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 24, 1954.


As thus modified the order is affirmed, without costs.

The second defense, under liberal interpretation, is sufficient as a pleading, although the admissibility of evidence thereunder must be determined by the trial court under the relevant facts as they appear. The County Court, having held part of the fourth defense sufficient, should have allowed that defense to stand as pleaded. We do not pass upon the sufficiency of that defense in the absence of an appeal by...

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