BARNES & CO. v. REMINGTON OPTICAL CORP.


198 Misc. 746 (1950)

A. S. Barnes & Company, Inc., Plaintiff, v. Remington Optical Corp. et al., Defendants.

Supreme Court, Special Term, Kings County.

October 31, 1950.


Attorney(s) appearing for the Case

Rein, Mound & Cotton for plaintiff.

J. Roger Carroll for Trinity Operating Co., Inc., and another, defendants.


BELDOCK, J.

Two motions by plaintiff: (1) to strike out the affirmative defense set forth in the joint answer, under rule 103 of the Rules of Civil Practice and under section 210 of the Civil Practice Act; (2) to vacate a notice for examination of plaintiff.

(1) Plaintiff, a tenant in a loft building owned by defendant Trinity Church and managed by defendant Trinity Operating Company, Inc., sues in negligence...

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