COCHRAN v. WYER


203 Misc. 890 (1952)

Marguerite Cochran, as Committee of Leven Coard, an Incompetent, Plaintiff, v. William Wyer, as Trustee of Long Island Rail Road Company, Defendant.

Supreme Court, Special Term, Queens County.

November 7, 1952.


Attorney(s) appearing for the Case

Irving C. Rosenkrantz for plaintiff.

Richard R. Bongartz for defendant.


DALY, J.

Plaintiff moves to strike out the first separate defense for legal insufficiency. Said defense reads: "On information and belief, that the complaint herein fails to state a cause of action."

In opposition to this motion, defendant argues that rule 109 of the Rules of Civil Practice authorizes the striking out of a defense for insufficiency only where the defense "consisting of new matter is insufficient...

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