Rubinraut v. Federico Causo Consignataria Sociedad Anonima

In Ms complaint plaintiff sets forth two causes of action. In its answer, defendant, in addition to denials, pleaded five affirmative defenses to the first cause of action, four defenses to the second cause of action, and one counterclaim and offset (wMch was labeled in the answer as “ counterclaims and offsets to each and both alleged causes of action in the complaint ”). Plaintiff moved before Mr. Justice Lupiano with respect to defendant’s answer, invoMng rules 90, 102, 103 and 109 of the Rules of Civil Practice. The motion was granted to the extent of (1) dismissing the ‘1 counterclaims…