Nelson v. Fantino

In this action to determine a claim to real property pursuant to article 15 of the Real Property Law, plaintiff moves to strike out the defense under rules 109 and 110 of the Rules of Civil Practice and for judgment on the pleadings under rule 112 of the Rules of Civil Practice and section 476 of the Civil Practice Act.

Before turning to the facts it may be well to state that plaintiff’s motion under rule 110 must be denied since that rule may be invoked only when the answer contains a counterclaim. (Bomar v. Pasinsky, 254 App. Div. 322.)

The facts are as follows: The defendant Charles…