Rubenstein & Rubenstein v. Papadakos

Order entered May 1,1968, denying motion to dismiss first affirmative defense and first counterclaim in amended answer, unanimously reversed on the law and motion granted with $50 costs and disbursements to appellants. The original answer contained a first defense and counterclaim pleaded together. On motion this was dismissed with leave to replead. It appears from the court’s opinion that the matter pleaded constituted neither a defense nor a counterclaim. Defendant served an amended answer pursuant to leave granted. In this amended answer there is, inter alia, a first defense, a second…