Goodsite Realty Co. v. Haddad

Three motions have been made herein. The first is a motion to strike out the first and second defenses set forth in the amended answer pursuant to rule 109 of the Rules of Civil Practice. The action appears to be one in which is sought a mandatory injunction directed against the continuance and maintenance of a building wall belonging to defendant, which wall plaintiff alleges trespasses and encroaches nearly three feet of its entire length on plaintiff’s premises, which premises adjoin those of defendant. *908Plaintiff also asks for damages. It further appears that plaintiff and defendant derive…