(DOWNLOAD) "United States Overseas Airlines v. Irving I. Erdheim" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: United States Overseas Airlines v. Irving I. Erdheim
- Author : Supreme Court of New York
- Release Date : January 10, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Order, insofar as it stays all proceedings in this action pending the determination of the vacatur proceedings in New Jersey,
is unanimously modified to the extent of permitting all pretrial procedures such as examinations before trial, bills of particulars
and motions addressed to the pleadings and, as so modified, affirmed. The record demonstrates that the determination of the
issues in the New Jersey proceedings as to the validity of the attachment may be material in the suit here. Under the circumstances,
the discretion of Special Term insofar as it stays the trial will not be disturbed. Settle order on notice. Order denying
plaintiff's motion to strike out the fifth affirmative defense and permitting defendant to replead the third affirmative defense
in mitigation of damages is unanimously affirmed. There are sufficient facts pleaded in the fifth affirmative defense to sustain,
on its face, the claim that plaintiff is not the real party in interest. So, too, the allegations of the third affirmative
defense, predicated upon plaintiff's failure to exercise its right to intervene in the New Jersey attachment proceedings to
enjoin, vacate or quash the writ of attachment, are material on the question of plaintiff's alleged damages based on deprivation
of the use of the property attached. Special Term properly permitted pleading of those facts in mitigation of damages. Settle
order on notice.