Freund v. Zephyr Laundry Machinery Co.

Plaintiff moves for an order, pursuant to rule 103 of the Rules of Civil Practice, striking out paragraphs 1 and 2 of the defendant’s answer, and for an order, pursuant to rules 103, 104 and 109, striking out the first affirmative defense contained therein. Defendant, by way of counter-motion, seeks: summary judgment.

The complaint alleges that plaintiff was employed under a written contract executed on or about April 21, 1941, which by its terms was to continue for three years or until April 33,1944. The complaint also alleges that defendant employed plaintiff to handle sales of its products…