Duffy v. Duffy

In an action to declare the nullity of his marriage to the defendant, plaintiff moves (1) for an order staying defendant for failure to appear for examination before trial and (2) for an order striking out the first and second affirmative defenses for insufficiency. Defendant cross-moves for leave to serve an amended answer.

*269Ordinarily, motions for leave to amend pleadings are liberally granted to the end that the parties may have the issues between them litigated. (Green Point Sav. Bank v. Central Gardens Unit No. 1, 279 App. Div. 1078.) Unless patently inadequate, the sufficiency of the…