Troller v. Michel

[722] The “ Third ” and “ Seventh ” defenses were improperly struck out. They allege facts which may be found to affect the right of the plaintiffs to an injunction. (Home Ins. Co. v. Gillespie Loading Co., 222 App. Div. 67; Schwartz v. Klein, 272 App. Div. 834; Straus v. American Publishers’ Assn., 103 App. Div. 277.) Carswell, Acting P. J., Johnston, Adel, Sneed and Mac-Crate, JJ., concur.