Brink v. Killeen

In a negligence action to recover damages for personal injuries, plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County, entered May 23, 1974, as (1) denied her motion to strike the first affirmative defense contained in the answer of defendant Webb and (2) granted the cross motion of defendants Killeen for leave to serve an amended answer. Order modified by striking from the second decretal paragraph thereof the word "denied” and substituting therefor the word "granted”. As so modified, order affirmed insofar as appealed from, with one…