Trussell v. Rossi

In this action by the Commissioner of Hospitals of the City of New York to recover $5,740.50, the cost of hospital services rendered to the defendant Margaret Rossi from 1950 to 1956, her husband and their three children are also joined as parties defendant.

Plaintiff Commissioner now moves under subdivision 6 of rule 109 of the Rules of Civil Practice, to strike the 1 ‘ third ’ ’ and “fifth” affirmative defenses as alleging facts insufficient as a matter of law. For the purposes of this motion the allegations of these defenses are deemed to be true.

The third affirmative defense alleges that ‘…