Fleet Bank v. Barlas, No. Cv-92-0518205s (Jun. 29, 1994)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION ON MOTION TO STRIKE The plaintiff in this foreclosure action has moved to strike the Second Special Defense, the Fifth Special Defense and the Fourth Count of the Counterclaim on the grounds that they fail to state a claim upon which relief can be granted. The Fifth Special Defense alleges contributory negligence. At oral argument the defendant, George Barlas, conceded that the contributory negligence special defense was inapproprately [inappropriately] pleaded in this action, since the…