Teller v. Prospect Heights Hospital

This is a motion to strike out two affirmative defenses in defendant’s answer numbered “ second ” and “ third,” respectively, pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, upon the ground that they are insufficient in law.

*908This action is one to recover for personal injuries sustained by plaintiff, a window cleaner, as a result of the defendant failing to provide safety devices required by section 202, as amended, of the Labor Law, and specified by the Rules of the Industrial Board pursuant to such statute. Section 202, as amended, reads as follows: “ Protection of…