Schneidman v. Steckler

Motion by plaintiff for an order, pursuant to rules 104 and 109 of the Buies of Civil Practice, respectively, striking the separate defense contained in defendant’s amended answer on the ground that it is sham and frivolous and on the further ground that the same is legally insufficient. The action is one for partition of certain realty.

The separate defense which is attacked on this motion alleges in substance that the plaintiff and defendant and their respective husbands had been, up to April, 1952, the sole officers, directors and stockholders of a business known as Service Candy Co., Inc.…