La Barge v. La Barge

This is a motion by the plaintiff, pursuant to CPLR 3211 (subd [b]) for an order dismissing the affirmative defenses alleged in paragraphs 5, 7, 8 and 9 of the defendant’s answer on the ground they are legally insufficient and have no merit.

The action on which the instant motion is predicated is for a divorce by the plaintiff husband against the defendant wife based upon the parties having lived separate and apart for more than one year after the execution of a separation agreement.

Defendant, in her answer, sets forth certain affirmative defenses that defendant signed her name to a paper…