This is a motion pursuant to rule 109 of the Rules of Civil Practice to strike out the answer and counterclaim upon the grounds they are insufficient as a matter of law.
The facts in brief are as follows: On September 24, 1959, plaintiff was operating his 1956 Chevrolet (in the rural area of Suffolk County) along Sag Harbor Turnpike, Bridgehampton, New York. At the place where the accident occurred the speed limit was fixed...
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