Pechstein v. Pechstein

Plaintiff’s motion for judgment dismissing the affirmative defense set forth in the ‘ ‘ answer ’ ’ is granted. That part of the motion seeking dismissal of the defendant’s counterclaim is denied as academic, in view of the facts herein related.

The subject motion, dated March 4, 1970, is addressed to the answer dated February 25, 1970. The papers submitted to the court herewith contain a “verified amended answer ”, dated May 27,1970, which, although containing substantially the same defense, fails to assert any “ counterclaim.” Upon hearing of the motion, the parties orally stipulated that…