Halleran v. Manzione

An objection is raised that this motion, not having been made within ten days after service of the answer, should not be entertained. Actually three years have passed since joinder of issue. The situation is unique. This action was moved to trial a few months ago. As a preliminary step at the trial defendant moved to strike out the defenses now under attack. After hearing a part of the argument the justice presiding declared a mistrial so that a motion could be made at Special Term. The trial justice was thoroughly justified in taking that action because the motion involved novel questions,…