Shtafman v. I. Rokeach & Sons, Inc.

Plaintiffs move pursuant to rule 103 of the Rules of Civil Practice to strike out the first affirmative *889defense upon the ground that it is irrelevant, scandalous and prejudicial, and defendants move for summary judgment dismissing the complaint.

The action is brought for specific performance, permanent injunction, accounting and damage and is based upon a contract of exclusive distributorship. Defendants’ motion is based on the first defense contained in the answer which states that for a period of two and one-half years prior to June, 1958, the plaintiffs, without the knowledge of the…