Town of Wellsville v. Shutt

William W. Serra J.

This is a motion for an order pursuant to CPLR 404 to strike new matter for the answer in a proceeding for the taking of lands by eminent domain under the Condemnation Law of the State of New York and/or summary judgment dismissing the answer as to the Niagara Mohawk Corporation, hereinafter referred to as Niagara Mohawk. The particular allegations sought to be stricken from the answer read as follows: “4. Answering paragraph Sixth of petition, this respondent alleges that it is the equitable owner, pursuant to a contract of sale, of a portion of the premises described in…