Simms v. Simms

Plaintiff moves to strike out the separate defense and counterclaim contained in the amended answer upon the ground that, as a defense, it is insufficient in law, and, as a counterclaim, fails to state facts sufficient to constitute a cause of action.

The action is for the annulment of a marriage upon the ground that plaintiff and defendant, both residents of the State of New York, are uncle and niece, and accordingly, that such marriage is null and void (Domestic Relations Law, § 5). The amended answer fails to deny the allegations of the complaint. However, after a plea for alimony and…