Becker v. Pine

This motion to strike out the defense pleaded in a supplemental answer is granted on the grounds that the defense is insufficient in law and sham. The action was brought to recover the value of legal services rendered to defendant’s wife in the negotiation of a separation agreement which defendant allegedly refused to sign. After the instant action was commenced, plaintiffs as attorneys for the wife brought an action for separation against defendant in which they were awarded a counsel fee. The award and payment of that counsel fee has been pleaded in the supplemental answer as a defense to…