Trussell v. Kostiw

By this application, the Commissioner of Hospitals of the City of New York seeks an order pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, striking out 11 separate, distinct, affirmative defenses, and one equitable defense from the answer of the defendant on the ground of their insufficiency in law. In its first cause of action, plaintiff seeks to recover from defendant as the sole distributee of his mother’s estate a sum equivalent to the cost of her husband’s hospitalization in a city-owned hospital, under sections 101 to 104 of the Social Welfare Law and sections 170…