Connors v. Boorstein

In this appeal by permission of the Appellate Division, Second Department, we are asked to review an order made in this action pursuant to rule 109 of the Rules of Civil Practice, which granted plaintiffs’ motion to strike out defendants’ affirmative defense and denied defendants’ cross motion to dismiss plaintiffs’ second amended complaint.

Briefly, the amended complaint alleges that the plaintiff, Mary Connors, a domestic in the employ of the defendants, was injured when she fell from a stepladder on which she was standing while cleaning a storm window on the outside of her employer’s…