Wiggins v. Town of Somers

Plaintiff has sued to enjoin the enforcement of an ordinance. Before the court at this time are a motion by plaintiff for an injunction pendente lite, a motion by plaintiff under rule 104 of the Rules of Civil Practice to strike out defendant’s answer on the ground that it is sham and frivolous, or in the alternative, to strike the defenses and counterclaims contained in the answer pursuant to subdivisions 5 and 6 of rule 109 of the Rules of Civil Practice on the grounds that they are respectively inadequate and do not state a cause of action, and a countermotion by defendant to dismiss the *381co…