White v. Berry

Plaintiff brought this action to recover damages for cutting two shade trees which stood in front of her premises, between the sidewalk and curb, on Beethoven street in the city of Binghamton, N. Y. The defendants interposed an answer containing an affirmative defense and now move for an order compelling plaintiff to serve a reply thereto. Plaintiff has interposed a cross motion asking that said defense be stricken out as insufficient in law. The determination of the motions, therefore, depends upon the sufficiency of the said defense which is attacked, and for the purpose of this motion the…