Gulf v. City of New York

Plaintiff moved to dismiss the partial affirmative defense as insufficient in law. Defendant has conceded that the partial defense is insufficient but has moved for leave to serve an amended answer pleading the facts contained in the partial defense as a counterclaim. The motion to amend is granted. The plaintiff’s motion under rule 109 is now considered as a motion to strike out the counterclaim as insufficient in law. In effect the counterclaim pleads that if plaintiff recovers in this action, any sum paid by the city will become part of the cost of construction; the rent will be thereby…