11 New York opinions name it 4 courts 1944–2024 2 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Butler v. Catinellagreen2 sentences2024The Appellate Division, Second Department, in accord with its sister tribunals, held in Butler v Catinella , 58 AD3d 145, 150 (2d Dept 2008), that such an affirmative defense is "harmless surplusage" and a motion to strike the defense should be denied because it amounts to a plaintiff testing the sufficiency of its own claim. 2024The Appellate Division, Second Department, in accord with its sister tribunals, held in Butler v Catinella , 58 AD3d 145, 150 (2d Dept 2008), that such an affirmative defense is "harmless surplusage" and a motion to strike the defense should be denied because it amounts to a plaintiff testing the sufficiency of its own claim. | 2 | 2 |
Palmenta v. Columbia Universitygreen2 sentences2015The court providently exercised its discretion in denying the motion to strike and warning defendants that failure to appear at depositions could result in additional sanctions (see Palmenta v Columbia Univ., 266 AD2d 90, 91 [1st Dept 1999]). 2015The court providently exercised its discretion in denying the motion to strike and warning defendants that failure to appear at depositions could result in additional sanctions (see Palmenta v Columbia Univ., 266 AD2d 90, 91 [1st Dept 1999]). | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Foley v. D'Agostino
green
1 sentence1982Third, CPLR 3013 was intended, together with CPLR 3026, to move pleadings away from the rigid formalism of prior case law and give the pleader, inartistic though his product may have been, the benefit of whatever can fairly be gathered from the pleading (Foley v D’Agostino, 21 AD2d 60, 65 ; see Alvord & Swift v Muller Constr. | 1 | 1982–1982 |
Kotary v. Spencer Speedway, Inc.
neutral
1 sentence1978Although it is well settled that releases of liability for injuries arising in connection with auto racing were, as a general rule, valid and not against public policy at the time this incident arose (see Rotary v Spencer Speedway, 47 AD2d 127 ; Church v Seneca County Agrie. | 1 | 1978–1978 |
Meinken v. County of Nassau
neutral
1 sentence1960Moreover in the Thomann case (supra) the court recognized that its decision in nowise impaired the rule in the Sammons case (supra).” See, also, Meinken v. County of Nassau (supra) where a motion to strike the defense of section 50-e was granted. | 1 | 1960–1960 |
Arcuri v. Arcuri
green
1 sentence1957If the order of dissolution was jurisdictionally valid, the defendant could not attack such order collaterally and the motion to strike the defense would be justified (Arcuri v. Arcuri, 265 N. Y. 358 ; Matter of Aumick, 279 App. Div. 846 ; Matter of Valle, 131 N. Y. | 1 | 1957–1957 |
In re Aumick
neutral
1 sentence1957If the order of dissolution was jurisdictionally valid, the defendant could not attack such order collaterally and the motion to strike the defense would be justified (Arcuri v. Arcuri, 265 N. Y. 358 ; Matter of Aumick, 279 App. Div. 846 ; Matter of Valle, 131 N. Y. | 1 | 1957–1957 |
Lesser v. International Trust Co.
green
1 sentence1951(See, also, Lesser v. International Trust Co., 175 App. Div. 12 .) Accordingly, the motion to strike the defense of privilege from the defendant’s answer is denied to permit the question of pertinency to be decided in this action upon evidence as it may be adduced at the trial. | 1 | 1951–1951 |
Gise v. Brooklyn Society for Prevention of Cruelty to Children
neutral
1 sentence1949Both upon the ground that the parties had conceded that the court’s determination might go to the sufficiency of the plaintiffs’ complaint and upon the ground that a motion to strike under rule 104 of the Buies of Civil Practice searches the record and brings into issue the sufficiency of the complaint (Gise v. Brooklyn Soc. for Prevention of Cruelty to Children, 262 N. Y. 114 ), I hold that defendant is entitled to an order dismissing plaintiffs’ complaint as failing to state a cause of action against defendant. | 1 | 1949–1949 |
Merrimack Manufacturing Co. v. Lowell Trucking Corp.
neutral
1 sentence1944Co. v. Lowell Trucking Corp., 182 Misc. 947 ). | 1 | 1944–1944 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.