Rose v. Sun Oil Co.

Although plaintiff states in his notice of motion that he seeks to strike out the separate defense in the answer of the corporate defendant “ as sham ” (i.e., factually false), pursuant to rule 103 of the Rules of Civil Practice, it is evident that the basis of the relief sought is that such defense is “ frivolous ” (i.e., insufficient in law). The notice of motion, in later language, couples both falsity in fact and law as the grounds relied upon. It may be treated, therefore, as a motion to strike the defense as frivolous.

This is a negligence action against third-party defendants. Plaintiff…