Gunder v. New York Times Co.

CONGER, District Judge.

Plaintiff has moved for an order striking out all of the affirmative defenses in the answer as legally insufficient, and striking out specific paragraphs as irrelevant, etc.

*912 Although opposing the motion on the merits, defendant has challenged the sufficiency of the complaint, and asks that it be dismissed. Both under the state and federal practice, the principle is well settled that a bad answer is good enough for a bad complaint. In Baxter v. McDonnell, 154 N.Y. 432, at page 436, 48 N.E. 816, at page 817, it is stated: “The rule is that, on demurrer to an answer for…