Travlos v. Commercial Union of America, Inc.

The first eight paragraphs of the answer of defendant M. Morgenthau, Jr., Co., Inc., are addressed to allegations of the complaint and are, therefore, improper. Said defendant, under the provisions of subdivision 2 of section 193 of the Civil Practice Act, may only plead with regard to the averments of the answer served upon it by the defendant Commercial Union of America, Incorporated. Paragraph 15 of the answer is open to the same objection, and the defendant Morgenthau consents that this paragraph as well as paragraph 16 be stricken from the pleading.

The defense sought to be asserted in…