Socoloff v. Socoloff

Plaintiff moves for an order dismissing the affirmative defense interposed by defendants pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice and for a further order directing judgment on the pleadings in favor of the plaintiff for a partition as prayed for in the complaint and for such further relief as will be later discussed.

After carefully reading the affirmative defense interposed herein alleging that the action was not brought in good faith, and merely to harass the defendants and because of the ill feeling among the parties, the court concludes said affirmative defense…