Bologna v. Battisto

This is a motion for an order striking out a paragraph in the defendants’ answer on the ground that it appears on the face thereof that the defense interposed is insufficient as a matter of law. The action seeks to recover damages on the theory of negligence on the part of the defendants who owned property adjoining that of the plaintiffs. It is alleged that the plaintiffs’ building was damaged in the course of demolition work being performed on the defendants’ property. The demolition of the defendants’ building resulted in holes in the walls and roof of plaintiffs’ contiguous edifice…