Eldridge v. Pearson

Action to recover for property damage, brought by the plaintiffs, as owners of an automobile which was involved in a collision with an automobile owned by the county of Westchester and operated by the individual defendant, a county employee. Order of the County Court of Westchester County granting plaintiffs’ motion to strike out three affirmative defenses in defendant’s amended answer reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The plaintiffs are entitled to maintain a common-law action against the defendant municipal employee;…