Opinion
February 26, 1962
In an action by plaintiff wife to recover damages for trespass and assault, in which the complaint alleges seven separate causes of action, the fifth being for assault against the defendant husband and another and the sixth and seventh being for assault against the defendant husband alone, the husband appeals from so much of an order of the Supreme Court, Queens County, dated November 15, 1961, as granted the wife's motion to strike out as sham paragraphs marked "1", "6" and "11" of his answer; awarded her judgment on the pleadings and summary judgment as against him on the fifth, sixth and seventh causes of action; directed an inquest upon such causes of action; and severed the action to permit the wife to proceed against the other defendant on the remaining causes of action. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Ughetta, Acting P.J., Christ, Brennan, Hill and Rabin, JJ., concur.