Ramos v. El Diario Publishing Co.

Order entered on February 28, 1962 granting plaintiff’s motion to strike affirmative defenses as legally insufficient pursuant to subdivision *9166 of rule 109 of the- Rules of Civil Practice unanimously affirmed insofar as appealed from, with $20 costs and disbursements to respondent. Leave is granted to defendants to replead the stricken defenses within 10 days after service of the order herein with notice of entry. The action is for libel. The first complete defense, although containing the necessary elements of the “ fair comment ” defense, is so prolix and so burdened with irrelevant matter…