Derico v. Pancrazio A. Sarubbi, Inc.

Motion to strike the answer pursuant to section 299 of the Civil Practice Act, or in the alternative for other relief under sections 289 and 296 of the Civil Practice Act.

The action is for personal injuries allegedly sustained by the plaintiff while working on a school construction project in Yonkers, New York. The defendant was the prime contractor and the plaintiff, an employee of the subcontractor. A scaffold on which the plaintiff was working collapsed. The accident happened on January 15, 1958 at about 2:45 p.m.

*648Pursuant to notice dated August 25, 1958 and cross notice dated August 26,…