Clinckett v. Casseres

Kelby, J.: ■

The order appealed from struck out eacn of the four defenses referred to in the statement of facts. The first three defenses were stricken out on the ground that they were “ not germane ” to the issues; and the fourth defense on the ground that it was a mere legal conclusion.

After the plaintiff had moved to strike out the defendant’s separate defenses, the defendant served motion papers to dismiss the complaint. The parties, by written stipulation in the record, ask the court to determine whether the complaint states a cause of action. The complaint will be first considered, and…