Stuart Realty Co. v. Municipal Investors, Inc.

Order denying motion to treat an answer as a nullity on the ground that the same is sham and frivolous, and to strike out affirmative defenses as insufficient, modified by granting the motion to strike out the first and second affirmative defenses and, as so modified, affirmed without costs. The answer, by its denials, raises an issue as to whether or nor the assessment in question arose out of the same proceeding as that in which the assessment in Matter of Seidl v. Zauner (247 N. Y. 17) was declared void. We are unable to hold on the face of the pleadings alone that the denial is sham. The…