Dotson v. Easly

Motion to strike defendants’ affirmative defense as sham, pursuant to rule 103 of the Buies of Civil Practice, or, in the alternative, to dismiss the affirmative defense as insufficient as a matter of law and for summary judgment, pursuant to rule 113 of the Buies of Civil Practice. A motion addressed to the pleadings, under rule 103, must be brought within 20 days after service of the pleading to which the motion is addressed (Rules Civ. Prac., rule 105 ; Central Nat. Bank v. Board of Educ., 3 A D 2d 258). The motion here was not timely made and to the extent that plaintiffs move under rule…