Brandt v. Hashinsky

This is a motion pursuant to rule 104 of the Buies of Civil Practice to strike out defendant’s second affirmative defense on the ground that it is sham.

The complaint contains two causes of action, the first for damages for personal injuries suffered by plaintiff’s testator prior to his death, and the second for damages for wrongful death resulting therefrom.

It appears that the accident in question occurred on September 6, 1953 and that the decedent died on May 18, 1956. The action herein was not commenced until November 20, 1957; and the defendant sets up in the defense under attack that both…