Frisch v. Zelart Drug Co.

Upon the foregoing papers this motion under rule 109 of the Buies of Civil Practice is granted and the first and second defenses, consisting of paragraphs “ Fifth ” and “ Sixth ”, are stricken from the answer. The first defense states a conclusion only and, in any event, relates to matters provable under a. general denial. The second defense also states a conclusion only; the facts indicating that plaintiff is not the real party in interest have not been alleged. A 11 mere general averment that plaintiff is not the real party in interest ” is insufficient. (Cf. Keon v. Saxton & Co., 227 App.…