Lauterbach v. Fleischer

In an action to recover damages for personal injuries sustained by plaintiff, a passenger in defendant’s automobile, as the result of an accident in the State of Pennsylvania, plaintiff appeals from an order of the Supreme Court, Westchester County, dated October 23, 1961, which denied her motion, made pursuant to rule 109 of the Rules of Civil Practice, to strike out as insufficient *702the affirmative defense in defendant’s answer that the action is barred under the law of Pennsylvania, since after the accident the plaintiff and defendant intermarried. Order affirmed, with $10 costs and…