Palma v. Palma

Motion by plaintiff pursuant to rule 109 of the Rules of Civil Practice to strike from the amended answer the first and second separate defenses, which are based upon the Statute of Frauds, as insufficient in law.

The complaint, which sets forth two causes of action, sounds in equity and is predicated upon the theory of a constructive trust. The first cause of action alleges that plaintiff and the defendant’s husband were the sole surviving heirs and next of kin of plaintiff’s mother, who died intestate; that prior to the latter’s death, defendant, with the aid of her husband, fraudulently…