Amex Asphalt Corp. v. City of New York

Action for damages for claimed breach of a contract for paving work. Appeal from order denying plaintiffs’ motion under subdivision 6 of rule, 109 of the Rules of Civil Practice, to strike out the first and third defenses in the amended answer. Order modified on the law by striking out the words “ denied in all respects,” and by inserting in place thereof the following: “ granted as to the first defense and otherwise denied.” As thus modified, the order is affirmed, with ten dollars costs and disbursements to appellant. The contract and the statutory provisions pertinent to the first defense…