Free Cab Corp. v. Fort

OPINION OF THE COURT

Charles H. Cohen, J.

This is an action for property damage against defendant, a *352resident of New Jersey, arising out of an automobile accident which took place in New York on June 18, 1974. In its answer, defendant set forth four affirmative defenses as follows: (1) lack of personal jurisdiction; (2) not real party in interest; (3) release; and (4) Statute of Limitations.

Plaintiff has moved to strike these defenses and defendant has cross-moved to dismiss the complaint. The main thrust of the cross motion is based upon the assertion that the court does not have personal…