Hoffer v. Corwin

Elias Aronson,

Acting City Judge. This action is for damages allegedly due by reason of a breach of a written lease prior to the expiration date thereof. The answer interposed contained a general denial and what purported to be a separate defense. In effect, there was an inference that the defense would be in the nature of a constructive eviction. Thus a question of fact, is presented.

Plaintiffs, some months after the joinder of issue, moved to strike the separate defense as being improper in form and title. Defendants, by the answering affidavit, consented that the separate defense be…