Legal Question in Civil Litigation in New Mexico

Motion to dismiss?

My husband and I are being sued by our former landlord/co-tenant's insurance company for water damage that occurred from faulty pipes. We lived in her house which was plagued by plumbing problems. We've provided affidavits from witnessses, a contractor and plumber, that states this. We recently won a suit against the landlord/co-tenant because she bought this fixer upper and when we moved out did some updating to the apartment and tried to keep our deposit claiming that we damaged it so much she had to completely revamp it. After living there, we found the landlord to be unscrupolous so we took date stamped pictures the last night we were there and had a neighbor come in and walk through. Needless to say she didn't know that we anticipated she would try this and we sued her for our deposit and won. The plumbing was awful and the pipes last winter bursted and she told her insurance company that the basin and tub overflowed and caused the damage. We have filed an answer and the attorneys have filed a motion to strike our answer. We've since responded and have provided the affidavits our answer refers to but we're hoping there is grounds for dismissal. Just don't know what it is. Please help.

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