Natale v. Mazzuki

Plaintiffs move to strike out the first, second and third affirmative defenses of the answer of the defendant, Joseph Mazzuki, as legally insufficient.

The action was brought for injunctive relief requiring defendants to remove a portion of the outside wall of their building which, plaintiffs assert, encroaches upon their real property, or for an alternative award of damages.

The first affirmative defense is based upon the provisions of subdivision 2 of section 992 of the Civil Practice Act and the averment that the alleged encroachment does not exceed the dimensions therein prescribed and that…