Kukoda v. Schneider

James A. Roe, Jr., J.

Plaintiff moves for an order:

“ 1. Dismissing the affirmative defense contained in defendant Schneider’s answer upon the ground that a defense is not stated therein, pursuant to Rule 3211(h) CPLR;

“ 2. Directing an immediate trial of the issues raised on this motion, pursuant to Rule 3211(c); and

‘ ‘ 3. For such other and further relief as may be proper. ’ ’ This action is to recover damages for personal injuries allegedly sustained by the plaintiff on January 23,1963 when the defendant Balta’s automobile, in which he was a passenger, came into contact with the automobile…