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STATE OF N.Y. v. ALMY BROS., INC.

No. 90-CV-818.

971 F.Supp. 69 (1997)

STATE OF NEW YORK, Plaintiff, v. ALMY BROTHERS, INC.; Leonard Almy; Louis A. Stilloe; and Mary A. McMahon, in her individual capacity and as Executrix of the Estate of Robert J. McMahon, Defendants. Mary A. McMAHON, in her individual capacity and as Executrix of the Estate of Robert J. McMahon, Third-party Plaintiff, v. D/L COOPERATIVE, INC. and Travelers Insurance Company, Third-party Defendants.

United States District Court, N.D. New York.

July 3, 1997.

Attorney(s) appearing for the Case

Offices of M. Suzanne McMahon, (M. Suzanne McMahon, of counsel), Johnson City, NY, for Third-party Plaintiff.

Bond, Schoeneck & King, LLP (Thomas R. Smith, of counsel), Syracuse, NY, for Third-party Defendant D/L Co-op., Inc.

MEMORANDUM-DECISION AND ORDER

McCURN, Senior District Judge.

INTRODUCTION

Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure ("Rule 12(f)"), Third-party Plaintiff Mary A. McMahon ("McMahon") moves to strike six of Third-party Defendant D/L Cooperative, Inc.'s ("D/ L") fourteen affirmative defenses as legally insufficient. Briefly, McMahon challenges the following affirmative defenses: failure to state a claim (first affirmative defense...

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