Lamoree v. Binghamton General Hospital

David F. Lee, Jb., J.

The plaintiff in these wrongful death actions moves, in each of the actions, pursuant to CPLR 3211 (subd. [b]) to dismiss the affirmative defense alleged in defendants’ answers, “ on the ground that a defense is not stated”.

The affirmative defense alleged in the answer of the defendant Binghamton General Hospital alleges: “ 5. That the death of the plaintiff’s intestate, and the damages and injuries referred to in the plaintiff’s complaint were caused or contributed to, in whole and part, by the plaintiff administratrix and by the plaintiff’s intestate. ’ ’

Plaintiff’s…