LEE v. MACK


15 Misc.2d 657 (1959)

Glenn O. Lee, Plaintiff, v. Ernest W. Mack et al., Defendants.

Supreme Court, Trial and Special Term, Tompkins County.

January 30, 1959.


Attorney(s) appearing for the Case

John Lo Pinto for plaintiff.

Bruce G. Dean for defendants.


HOWARD A. ZELLER, J.

This is a motion made pursuant to rules 109 (subd. 6) and 103 of the Rules of Civil Practice by plaintiff Glenn O. Lee to strike the second affirmative defense from the answer of defendants Ernest W. Mack and Helen R. Legg on the respective grounds that the asserted defense is insufficient in law, and that it is irrelevant, sham, frivolous and prejudicial to a fair trial of plaintiff's actions...

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