New York Supreme Court September 15, 1941 (Grimaldi v. City of New York)

Garvin, J.

This is a motion, under rule 109 of the Rules of Civil Practice, to strike out the defense contained in paragraph *493VI of the answer interposed by the defendant City of New York, and the defenses contained in paragraphs VI and VII of the answer interposed by the defendant Geiger, on the ground that it appears on the face thereof that they are insufficient in law.