Steinberg v. Singer

Motion by plaintiff for an order striking out defendant’s answer as sham and frivolous, striking out defenses and counterclaims on the ground that they do not state facts sufficient to state a cause of action and that the defenses constituting new matter are insufficient at law, that the defenses are not such as may be properly interposed and are unenforeible under the Statute of Frauds, and for judgment.

The action .is for partition of real property owned by the plaintiff and defendant as tenants in common. Defendant admits the allegations of the complaint and alleges as a first separate and…