Timely Drive-in Cleaning Corp. v. Jacobs

Plaintiffs move to strike out iefenses and the counterclaim contained in the answer for insufficiency and also to strike certain allegations on the ground that they are sham, frivolous, irrelevant, redundant, repetitious and otherwise improper.

The arguments raised by plaintiffs will be considered in the order in which they are taken up in the memorandum submitted in support of the motion.

Where facts are alleged in the complaint and denied in the answer, the facts upon which the denial is based may and often must be pleaded by way of affirmative defense. That is so obvious as to require no…