Awramenko v. Awramenko

This is an action for an annulment, partition and the revocation and cancellation of a joint will executed by the parties. Plaintiff moves pursuant to rule 102 of the Rules of Civil Practice to require the defendant to make several of her affirmative defenses more definite and certain and, pursuant to rule 109, to strike out other affirmative defenses to plaintiff’s second and third causes of action. The latter motion tests the validity of such defenses, so that the sufficiency of the complaint is open to attack because such motion searches the record (Hamilton Rubber Mfg. Co. v. Greater New…