Collesion v. Collesion

Plaintiff moves under rule 113 of the Rules of Civil Practice for an order striking out defendant’s answer, and for summary judgment upon a complaint which sets out two causes of action.

The complaint alleges that plaintiff had previously sued defendant in the Supreme Court (the nature of which action does not appear), that the action was settled by stipulation in writing dated May 19, 1953, to the effect that the rents, income, profits and disbursements of certain realty should be received by defendant in the first instance, who would pay for repairs, taxes, insurance and the like, and…