Schimpf v. R. H. Macy & Co. , 6 N.Y.S.2d 328 ( 1938 )

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements, and the motion denied. Without otherwise passing on the merits of the defenses, they may not be stricken out as frivolous. Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ. [166 Misc. 654.]