Horr v. Wessels , 1 N.Y.S.2d 660 ( 1937 )

In an action to recover damages for personal injuries sustained as the result of a nuisance created by the negligent construction of a sidewalk by defendants, order granting plaintiffs’ motion to strike out as sham and frivolous, pursuant to rule 103 of the Rules of Civil Practice, certain parts of the defense contained in the fourth paragraph of the answer, affirmed, with ten dollars costs and disbursements. No opinion. Hagarty, Carswell, Davis, Johnston and Adel, JJ., concur.