Markowitz v. Greenberg

James S. Brown, Jr., J.

Defendant moves pursuant to rule 106 of the Buies of Civil Practice to dismiss each cause of action set forth in the complaint for legal insufficiency. Plaintiff cross-moves pursuant to subdivision 6 of rule 109 of the Buies of Civil Practice to strike the defendant’s three affirmative defenses.

The action is in equity and seeks (1) to reform a written lease so as to express the true agreement of the parties and (2) to enjoin defendant “ from instituting any action or proceeding against plaintiff, based upon or in any way relating to the installation and maintenance of…