Bonomolo v. Noyes

This is a motion by plaintiff to strike out the first and second defenses in the answer of the defendant Noyes and the first defense in the answer of the defendant Madison Associates, Inc.

The action is to recover overtime wages pursuant to the Fair Labor Standards Act of 1938 (U. S. Code, tit. 29, § 201 et seq.). The defendant Noyes alleges in his first defense that before the commencement of the action the parties entered into an agreement whereby defendant paid a certain sum to the plaintiff which was accepted in full satisfaction of his claim; that at the time of such payment defendant in…