Foley v. Equitable Life Assurance Society of the United States

Plaintiff moves for an order striking out the first and second complete defenses and the first partial defense set forth in the amended answer upon the grounds (a) that they are legally insufficient, and (b) that they are sham and frivolous.

The action is brought by plaintiff, assignee of a receiver in supplementary proceedings, to recover the cash values of twenty-four retirement annuity contracts issued to one John Y. Foley, plaintiff’s *1032husband. Plaintiff recovered a judgment against him in the sum of $16,650 for alimony arrears on December 11, 1934, in the Supreme Court, Queens county. On…