AIKEN v. WOLZ TEXTILE CORP.


4 Misc.2d 40 (1956)

Flora C. Aiken, as Executrix of Thomas H. Aiken, Deceased, Plaintiff, v. Herman Wolz Textile Corporation, Defendant.

Supreme Court, Special Term, New York County.

May 15, 1956.


Attorney(s) appearing for the Case

H. Waldman for plaintiff.

Otterbourg, Steindler, Houston & Rosen for defendant.


SAMUEL H. HOFSTADTER, J.

This is a motion to strike out three separate defenses interposed by the amended answer. The complaint alleges that the plaintiff is the executrix of a deceased partner in the firm of Wolz, Aiken & Co. On October 1, 1953, decedent sold his interest in the business to the remaining partners for $45,000. He also assigned his stock in an associated corporation to one of the remaining...

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