Meinken v. County of Nassau

This is a motion to strike an affirmative defense from the answer of the defendant town, on the ground that it is insufficient in law.

The action is one in equity to restrain a continuing trespass by the defendant, by reason of the discharge of surface waters *305on the land of the plaintiff and to recover $150,000 damages. No proof of claim was filed and the affirmative defense under attack pleads failure to comply with section 67 of the Town Law and section 50-e of the General Municipal Law as a defense to the claim for money damage.

The seeming inconsistency of the cases cited on both sides of…