Kushilewsky v. Linchner

Plaintiff moves pursuant to rule 109 of the Buies of Civil Practice for an order striking out the second, third and fourth defenses and the fifth affirmative defense and first counterclaim and for severance of the second counterclaim.

In the second defense, it is alleged that the writing on which plaintiff relies was executed in Israel and is invalid under the laws of Israel which prohibit an agreement to pay sums of money within the State of Israel in American dollars. The rule on which defendant relies is stated in Weyand v. Randall (131 App. Div. 167,169, revd. on other grounds 202 N. Y.…