NERI v. ERIE R. R. CO.


199 Misc. 374 (1950)

Dominick Neri, Plaintiff, v. Erie Railroad Company, Defendant.

Supreme Court, Special Term, Kings County.

October 30, 1950.


Attorney(s) appearing for the Case

Albert Martin Cohen for plaintiff.

J. Roger Carroll and Joseph P. Carr for defendant.


BELDOCK, J.

1. Motion by plaintiff to strike out the first, second and third affirmative defenses contained in defendant's answer on the ground of insufficiency under rule 109 of the Rules of Civil Practice.

2. Motion by plaintiff to vacate defendant's notice of examination before trial.

Plaintiff was employed as a stevedore by the Terminal Stevedoring Co., Inc. While so employed on a lighter...

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