Mackrell v. City of New York

Plaintiff moves to strike out the third affirmative defense contained in the answer of the defendant Ginsberg as “ sham, irrelevant and redundant,” and for leave to amend the title of the action by correctly designating the name of the said defendant. The action is in malpractice. Plaintiff alleges that while she was a paying patient at a hospital maintained by the defendant, City of New York, she sustained injuries by reason of the negligence of the defendant Ginsberg, a physician employed at the said hospital by the defendant City of New York. The defense to which the motion is directed…