Opinion
April 3, 1950.
In an action by an employee to recover damages for breach of an employment contract, the defendant employer appeals from so much of an order as grants the plaintiff's motion to strike out the defense pleaded in the answer as insufficient in law. Order, insofar as appealed from, affirmed, with $10 costs and disbursements, with leave to defendant to serve an amended answer within ten days from the entry of the order hereon. The defense contains no statement of fact to justify the conclusion of the pleader that there was gross misrepresentation, or from which it could be determined that the plaintiff was unfit to perform the duties for which he was hired, or that he was addicted to misrepresenting. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.