E. F. Curialle & Co. v. Kenray Realty Corp.

Motion by plaintiff for an order (1) pursuant to rule 103 of the Rules of Civil Practice, striking out paragraphs First, Third, Fifth and Sixth of the answer of Terry Contracting, Inc., as frivolous; (2) pursuant to subdivision 6 of rule 109, dismissing the first affirmative defense contained in paragraphs Eighth to Twenty-second, inclusive, on the ground that said defense consists of new matter insufficient in law as to plaintiff; (3) pursuant to rule 109, dismissing the second affirmative defense on the ground that said defense consists of new matter insufficient in law as to plaintiff; or,…