Rochester Iron & Metal Co. v. Capellupo

In this action the defendant has interposed several affirmative defenses and a counterclaim. Plaintiff here moves to strike out defendant’s answer and counterclaim and for a summary judgment in its action. At argument, the only document submitted in opposition to this motion was a copy of an unsigned, unsworn affidavit. Defendant’s counsel advised the court that, in spite of repeated requests, the defendant has persistently failed or refused to sign the affidavit prepared for his signature. Defendant was given until Friday, December 19, 1969, 5:00 p.m., to furnish the court and counsel for…