Inc. Society of Saint Maria Del Buoncammino v. Lorusso

Plaintiff, a membership corporation, claims there is no defense to the action and that the answer interposed by defendant is sham, frivolous and without substance and was interposed merely for the purpose of delay, and moves for an order striking out said answer, and granting summary judgment in favor of the plaintiff. Under the provisions of subdivision 5 of rule 113 of the Buies of Civil Practice this motion is properly before the court (Lightolier Co. v. Del Mar Club Holding Co., 237 App. Div. 432; Le Fevre v. Reliable Paint Supply Co., 152 Misc. 594).

This is an action in replevin, brought…