LEVINE v. GOTTLIEB


8 Misc.2d 1017 (1957)

Miles I. Levine, Plaintiff, v. Morris Gottlieb et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 9, 1957.


Attorney(s) appearing for the Case

McGuigan & Kilcullen for Morris Gottlieb and others, defendants.

Otterbourg, Steindler, Houston & Rosen for plaintiff.

A. Irwin Miller for Leo Samuelson, defendant.


MARIO PITTONI, J.

Motion by defendants Gottlieb and Simon to (1) strike certain allegations of the complaint as sham under rule 103 of the Rules of Civil Practice, and (2) to add a party defendant under rule 102 of the Rules of Civil Practice.

The plaintiff consents to striking all allegations to which the motion refers except paragraph "Ninth". However, as the papers submitted clearly reveal that allegation...

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