Abrams v. Woods

This is a motion by the plaintiff pursuant to subdivision (b) of CPLB 3024 to strike the allegations contained in paragraph “ Ninth ” of the answer of the defendant George A. Skivington on the ground that such allegations are prejudicial, sham and frivolous and irrelevant. This is a death action on behalf of the deceased who was a passenger. The ninth paragraph of the said defendant’s answer, included in a “Further, Separate and Distinct Defense ”, read as follows: “ninth: That the contributory negligence of plaintiff’s intestate at said time and place consisted, upon information and belief,…