NATALE v. MAZZUKI


198 Misc. 494 (1950)

Matthew J. Natale et al., Copartners Doing Business under the Name of "80 Club", Plaintiffs, v. Joseph Mazzuki et al., Defendants.

Supreme Court, Special Term, Richmond County.

May 12, 1950.


Attorney(s) appearing for the Case

C. Ernest Smith and James A. Dilkes for plaintiffs.

Meyer Lindner for Joseph Mazzuki, defendant.


NORTON, J.

Plaintiffs move to strike out the first, second and third affirmative defenses of the answer of the defendant, Joseph Mazzuki, as legally insufficient.

The action was brought for injunctive relief requiring defendants to remove a portion of the outside wall of their building which, plaintiffs assert, encroaches upon their real property, or for an alternative award of damages.

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