Paliotto v. Town of Islip

This is a motion by the plaintiff for an order to strike ont certain parts of the answer: three affirmative allegations and one affirmative defense, as sham, frivolous, irrelevant, redundant and unnecessary (Buies Civ. Prae., rule 103), and, furthermore, the said affirmative defense as insufficient in law (Buies Civ. Prae., rule 109).

In paragraphs 8, 9 and 11 of their answer, defendants, after admitting some of the allegations contained in paragraphs 14 and 30 of the complaint, defy the rules of pleading by affirmatively alleging certain matters in their denials, by attempting to plead a…