Plaut v. Plaut

The complaint contained two causes of action, under which plaintiff demanded $5,000, and $2,000 damages, respectively, based on alleged breaches of a written separation agreement.

Defendant’s amended answer contained denials, an affirmative defense and three counterclaims.

The first counterclaim was for reformation of the separation agreement; the second and third sought to recover alleged over-payments thereunder.

The notice of motion asked the court to strike from the defendant’s amended answer the denials relating to plaintiff’s first cause of action; to sever the first cause of action from…