Casolino v. Baynes

In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Delaney, J.), dated August 11, 1988, which denied her motion to strike the third affirmative defense asserted in the defendant’s answer and granted the defendant’s cross motion, in effect, for partial summary judgment on the issue of liability.

Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, the cross motion is denied, and the third affirmative defense asserted in the defendant’s answer is stricken.

This…