Rojzenblitt v. Polish Trans-Atlantic Shipping Co.

Plaintiff moves pursuant to Rules of Civil Practice, rule 104, to strike out the second and third affirmative defenses of the amended answer of the defendant on the ground that the same are sham and frivolous and insufficient in law.

In support of the motion the plaintiff has submitted several affidavits contending that affidavits may be used on this type of motion. The defendant has not presented any answering proof.

The action of the female plaintiff is based on a claim of personal injuries sustained while she was a passenger on the defendant’s vessel Batory. The complaint alleges that the…