KELLING v. KELLING


31 Misc.2d 710 (1961)

Mary C. Kelling, Plaintiff, v. John H. Kelling, Defendant.

Supreme Court, Special Term, Queens County.

October 27, 1961


Attorney(s) appearing for the Case

Marie A. Beary for plaintiff. Richard T. Lombard for defendant.


ANTHONY M. LIVOTI, J.

In a separation action, the plaintiff moves to dismiss the affirmative defense or, in the alternative, to require the defendant to serve an amended answer separately stating and numbering his alleged separate defenses.

The affirmative defense objected to by the plaintiff was interposed pursuant to section 1163 of the Civil Practice Act. This section permits a defendant in a separation...

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