LIMPERT v. MIDCITY REALTY CO., INC.


279 A.D. 984 (1952)

John H. Limpert, Appellant, v. Midcity Realty Co., Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

April 8, 1952.


Order denying motion to strike certain defenses and to dismiss the counterclaim set forth in the answer affirmed, with $20 costs and disbursements to the respondents. The dispute in this case upon the pleadings relates to ownership of the stock in question. Upon that issue we think the defense pled may stand.

Van Voorhis, J., dissents in part and votes to modify the order appealed from by striking out the first defense, which alleges that plaintiff is...

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