Terzi v. Savini

Order striking out defendant appellant’s ' counterclaim and separate defense contained in the amended answer, and granting plaintiff’s motion for judgment on the pleadings, reversed on the law, with ten dollars costs and disbursements on this appeal, and motion denied, with ten dollars costs. The defense pleaded in defendant appellant’s amended answer as a counterclaim and separate defense to the action alleged was sufficient in law, under section 266 of the Rules of Civil Practice [Civil Practice Act], or either of its subdivisions, as tending to diminish or defeat the plaintiff’s recovery,…