Dale Renting Corp. v. Bard

In this action to recover damages alleged to have been sustained by the plaintiff in consequence of the defendants’ failure to restore a fire-damaged premises of which the plaintiff was the tenant under a lease, the plaintiff moves for an order striking out five affirmative and separate defenses and a partial defense pursuant to subdivision 6 of rule 109 of the Buies of Civil Practice and granting plaintiff summary judgment and a hearing to assess the extent of plaintiff’s damages.

In a prior action for a declaratory judgment instituted by the plaintiff against the defendants, which was…