Gardner v. Pope ( 1954 )

The illegality of the agreement and any other defenses may be raised by way of answer. It is not possible on the basis of a motion addressed to the sufficiency of the complaint to pass upon the validity of the agreement or completely appraise its propriety. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Peck, P. J., Breitel, Bastow and Botein, JJ.