Williams v. Board of Education

This is a motion by plaintiff to strike out paragraph “ VI ” of defendant’s answer on the ground that it does not set forth facts sufficient to constitute a defense to this action.

The suit is brought to recover for personal injuries claimed to have been sustained by plaintiff, a regular student at Boys’ High School, Brooklyn, N. Y., when a glass panel of a classroom door in the school building fell out and struck him.

The answer denies generally the material allegations of the complaint and sets forth an affirmative defense which reads in these words: “ VI. For and as a defense, the defendant…