Grimaldi v. City of New York

This is a motion, under rule 109 of the Rules of Civil Practice, to strike out the defense contained in paragraph *493VI of the answer interposed by the defendant City of New York, and the defenses contained in paragraphs VI and VII of the answer interposed by the defendant Geiger, on the ground that it appears on the face thereof that they are insufficient in law.

The defendant Geiger, a physician employed by the city of New York, treated plaintiff’s intestate at a child health station maintained by the city. The treatment is alleged in the complaint to have been given in a careless, reckless and…