Franklin v. Hussman Refrigeration Inc.

Order denying plaintiff’s motion to strike out as insufficient and as sham the affirmative defense contained in defendant’s answer, reversed on the law, with $10 costs and disbursements, and the motion granted, with $10 costs. Plaintiff seeks to recover for damages to his real property, allegedly caused by defendant’s negligence. In addition to a general denial, defendant alleges as an affirmative defense that, prior to the commencement of this action, plaintiff received from his insurance company payment of the loss and, by virtue of such payment, the insurer was subrogated in whole or in…