Hunter v. 1001 Tenants Corp.

In an action to recover damages for the wrongful death of plaintiff’s intestate, a window cleaner, who, in the course of his employment, fell from the outside of a window of the individual defendants’ apartment, the defendants appeal as *545follows: (1) the two corporate defendants appeal from an order of the Supreme Court, Kings County, dated December 1, 1958, which granted plaintiff’s motion under subdivision 6 of rule 109 of the Rules of Civil Practice to strike out for insufficiency the affirmative defense of contributory negligence alleged in said defendants’ answer; and (2) all the four…