LAUTERBACH v. FLEISCHER


32 Misc.2d 612 (1961)

Barbara Lauterbach, Plaintiff, v. David Fleischer, Defendant.

Supreme Court, Westchester County.

October 5, 1961


Attorney(s) appearing for the Case

Franklin L. Lowenthal for plaintiff. Kelly, Warburton, Hyman, Deeley & Connolly for defendant.


FRANK S. McCULLOUGH, J.

This is a motion by the plaintiff for an order pursuant to rule 109 of the Rules of Civil Practice to strike from the answer the defendant's separate, distinct and affirmative defense contained in paragraphs "3" through "8" of the answer.

The complaint alleges that on or about July 2, 1960, the plaintiff was injured in an accident on the Pennsylvania Turnpike, while a passenger in an automobile owned and operated by the...

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