Two negative pleas do not form an issue.

Explanation

(English-origin maxim.) In pleading, two negative assertions cannot create a triable issue. An issue requires an affirmative on one side and a negative on the other — two denials leave nothing for the court to determine.

Where this applies

• A plaintiff says "I did not breach the contract" and the defendant says "I did not breach it either" — two denials without an affirmation leave nothing for the court to decide.
• Both sides deny responsibility for a car accident without either one affirming what actually happened, and the court finds no triable issue has been formed.
• A lawsuit stalls because the complaint denies the defendant's obligation and the answer also denies the plaintiff's claim — two negatives cannot produce an issue.