Hunter v. 1001 Tenants Corp.

Plaintiff moves to strike out paragraph “third” of defendant corporation’s answer and paragraph ‘ seventh ’ ’ of the answer of the individual defendants, under subdivision 6 of rule 109 of the Rules of Civil Practice on the ground that the defenses set forth therein are insufficient in law.

The complaint alleges a cause of action for wrongful death of plaintiff’s intestate, a window cleaner, due to the negligence of the defendants in failing to comply and conform with the requirements of and in violating section 202 of the Labor Law of the State of New York. The numbered paragraphs set up the…