City of New York Municipal Court May 26, 1945 (Fondiller v. Fondiller)

McCullen, J.

Plaintiff seeks summary judgment striking out defendant’s answer insofar as it applies to the first cause of action and directing judgment for $1,475, or in the alternative, directing an assessment of damages due plaintiff under the first cause and severing the action pursuant to rules 113 and 114 of the Rules of Civil Practice.