Abney v. Lunsford

In an action, inter alia, to recover damages for assault and battery, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Silverman, J.), entered October 16, 1997, as granted those branches of the plaintiffs’ cross motion which were to dismiss the first, third, sixth, seventh, eighth, ninth, twelfth, and thirteenth affirmative defenses contained in his answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon a motion to dismiss a defense, the defendant is entitled to the benefit of every reasonable…