GRIFFO v. TAURIELLO


23 Misc.2d 430 (1960)

James V. Griffo, Plaintiff, v. Alfred Tauriello, Defendant.

Supreme Court, Erie County.

March 30, 1960.


Attorney(s) appearing for the Case

Joseph M. Ralabate for plaintiff.

Gleason, Fitzpatrick, O'Connor & O'Brien for defendant.


MICHAEL CATALANO, J.

The plaintiff seeks an order, pursuant to rule 109 of the Rules of Civil Practice, striking out the first and second affirmative defenses in the answer because of legal insufficiency.

The complaint alleges the usual common-law negligence action between the plaintiff, owner and operator of a motor vehicle that collided with another motor vehicle operated by the defendant with the...

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