Natale v. Mazzuki

In an action for an injunction to remove an encroachment, order denying plaintiffs’ motion to strike out the separate defenses in the answer of defendant Joseph Mazzuki, as insufficient in law, modified on the law by striking from the ordering paragraph the words “in all respects, hereby denied,” and substituting therefor “in so far as the first and second separate defenses are concerned, denied, and granted as to the third separate defense.” As so modified, the order is affirmed, without costs. The complaint alleges that the buildings of the parties adjoin. On the argument of the appeal,…