Kleinsleep Products, Inc. v. McCrory Corp.

—In an action, inter alia, to recover damages for negligence, the defendant McCrory Corporation a/k/a McCrorys appeals from so *412much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated December 31, 1998, as granted that branch of the plaintiffs’ motion which was to strike its sixth affirmative defense and denied its cross motion to dismiss the complaint for failure to state a cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

This action was commenced after the appellant filed a petition in bankruptcy. Commencement of the action violated the…