Rosenstiel v. Rosenstiel

Plaintiff, the husband of defendant in the instant consolidated actions, moves for summary judgment, in the summary proceeding herein, evicting defendant from plaintiff’s house at No. 5 East 80th Street, Manhattan, New York City, and for dismissal of defendant’s affirmative defenses pursuant to subdivision 6 of rule 109 of the Buies of Civil Practice.

The summary proceeding was heretofore removed from the Civil Court and consolidated with the action by plaintiff for an annulment and the action by his wife against him for an injunction. On the instant motion, which pertains solely to the…