Garcia v. Pan American Airways, Inc.

This is a motion by plaintiffs for an order striking out the first, second and third affirmative defenses from the answer of the defendant Pan American Airways, under rules 103 and 109 of the Buies of Civil Practice, upon the ground that the same are sham, irrelevant and insufficient in law. The complaint contains seven causes of action, six for wrongful death and one for damage sustained by reason of the loss of decedent’s baggage and personal effects. The answer sets forth five separate affirmative defenses, the first three of which are attacked on the present motion.

In each of the defenses…