Leonard v. Leonard

Order, entered June 12, 1968, reversed on the law and motion granted, without costs. In an action for a separation defendant pleaded a counterclaim to impress a trust Upon various securities and bank accounts. Plaintiff’s reply contained six separate defenses which defendant moved to dismiss pursuant to CPLR 3211 (subd. [b]). On such a motion if the moving party properly challenges the factual basis of the defenses it is incumbent on the party asserting the defense to come forward with such evidence as will raise an issue as to the facts pleaded (CPLR 3211, subd. [c]; Kukoda V. Schneider, 41…