Bayork Realty Corp. v. Hunt

Order of the County Court of Suffolk county denying motion to strike out a portion of the amended answer of the Superintendent of Insurance affirmed, with ten dollars costs and disbursements. In our opinion, rule 103 of the Rules of Civil Practice may not be invoked to challenge the sufficiency of this defense. (Stern v. Philipsborn, 169 App. Div. 781.) Hagarty, Scudder, Tompkins, Davis and Johnston, JJ., concur. [See ante, p. 544.]