McCormick v. Wood

IRVING R. KAUFMAN, District Judge.

A decision on the question of law presented by plaintiffs’ motion to strike certain affirmative defenses interposed by both defendants should await a resolution of the facts. The sufficiency of the affirmative defenses being dependent on a determination of the nature of the relationship existing between the parties, the defendants should not be deprived at the outset of the proceedings of the opportunity to develop the facts upon which their defenses are founded.

In disposing of a motion attacking affirmative defenses as insufficient on their face I must…