Di Pietro v. Hecker

Plaintiff moves for an order striking the amended answer of defendant and for summary judgment pursuant to CPLR 3212.

This is an action by plaintiff against an attorney for damages alleged to have been sustained as a result of defendant’s delivery of an executed document (release of lien) to a third party, in violation of an agreement between piaintiff and defendant. It is alleged that defendant was to have received $3,200 for plaintiff in exchange for the release, which he failed to do.

Defendant interposes general denials and two affirmative defenses, i.e.:

1. Failure to commence the action…