Pritzker v. Falk

This is a motion by the plaintiffs ‘ ‘ for a judgment dismissing the affirmative defense contained in paragraph designated 1 fourth ’ in the answer of the defendants benjamin falk and Pauline falk, pursuant to CPLR 9211 (-b), on the ground that a defense is not stated ”. The affirmative defense alleges as follows: “ fourth : The complaint herein does not state facts sufficient to constitute any cause of action against these answering defendants in that notice of the occurrence or transaction in which these defendants claim to be involved is not alleged in the complaint nor are the material…