Sweezey v. Arc Electrical Construction Co.

This is an appeal by permission of the Appellate Division from an order of that court affirming an order of the Special Term denying plaintiff’s motion to strike out the “ second, separate and complete defense ” contained in defendant’s amended answer. The Appellate Division certified the following question: “ Is the second affirmative defense sufficient in law? ” „

It appears from the complaint that defendant was engaged as a general contractor in connection with certain electrical work, including work in tunnels, manholes and service connections, being performed at the new State hospital…