Klingenschmidt v. Martocci

This is a motion to strike out the separate defense in the answer on the ground that it is insufficient as matter of law. The action is brought under the Stock Corporation Law of New York, section 69, against the defendant, as treasurer of a domestic corporation, to recover the statutory penalty because of defendant’s failure to deliver to plaintiff a verified statement of the corporate assets and liabilities pursuant to a written demand duly served upon the defendant on October 31, 1918. The answer contains a general denial of the material allegations of the complaint, and also contains a…