RUZICKA v. RAGER


279 A.D. 1061 (1952)

Francis W. Ruzicka et al., Copartners Doing Business as Ruzicka's, Appellants, v. Edward Rager, Respondent Edward Rager, Respondent, v. Francis W. Ruzicka et al., Appellants, et al., Defendants. (Consolidated Appeals.)

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

May 20, 1952.


Order entered January 29, 1952, denying the motion of the individuals Francis W. Ruzicka and Cecil B. Widney, named as defendants in the counterclaim herein, to strike the fourth defense and second counterclaim and the fifth defense and third counterclaim unanimously reversed, with $20 costs and disbursements to said appellants, and the motion granted.

The fourth defense and second counterclaim is available only against plaintiff partnership. The fifth defense and...

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