David McDonough, Inc. v. Berger

This is a motion to strike out, as insufficient, the defenses pleaded in the answers of the defendants. The motion searches the record and, therefore, requires eon*647sider&tion of the sufficiency of the three causes of action alleged in the complaint.

Certain of the defendants’ criticisms of the complaint apply to all the causes of action. The failure to allege the issuance of execution against the corporate judgment debtor and its return unsatisfied is sufficiently excused by the allegation that execution was and is stayed by an order of the Federal court, pursuant to chapter 11 of the…