New York Court of Appeals
Frances Flegenheimer, as Administratrix of the Estate of Arthur Flegenheimer, Deceased, Appellant v. Thomas A…
November 26, 1940284 N.Y. 268
Summary
The Court affirmed the lower court's denial of the plaintiff's motion to strike the defendant's affirmative defense, holding that public policy bars recovery when the property was used in a scheme violating liquor control statutes. Two dissenting opinions argued that the defense should be sustained and the order reversed.