Bermann v. Esposito

This is a motion to strike out an affirmative defense which reads: “ As and for a first, separate and affirmative defense to the second cause of action, the defendant alleges this cause of action has bden dismissed by order of this *60Court on April 14, 1961 pursuant to Rule 161 of the District Court Act; this cause of action was embodied in a prior suit bearing the same title and having Index Number 8370/59.”

Section 161 of the Nassau County District Court Act reads: ‘ ‘ When an action has remained for more than six months upon the general calendar, or the calendar for actions reserved…