Opinion
February 19, 1962
In an action by plaintiff against her former husband, to recover a sum of money alleged to be owing under a separation agreement between them, the defendant appeals from an order of the Supreme Court, Westchester County, dated July 27, 1961, granting plaintiff's motion to strike out the first affirmative and complete defense in defendant's answer on the ground of patent insufficiency, under rule 109 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. No opinion. Beldock, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur. [ 32 Misc.2d 290.]