Rosamilia Landscaping, Inc. v. Deluca

OPINION OF THE COURT

W. Denis Donovan, J.

Plaintiff moves to strike the first and second affirmative defenses set forth in defendants’ answer and defendants cross-move to dismiss the complaint based on their second affirmative defense.

The first stated affirmative defense claiming lack of personal *631jurisdiction is, preliminarily, stricken upon proper proof of service of the pleadings by a person properly authorized and the plaintiffs motion, to that extent, is thus far granted.

The motions as they relate to the second affirmative defense interposed by defendants address an issue which, in this…