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GREEN v. GREEN

7 Misc.2d 324 (1957)

Harvey Green et al., Plaintiffs, v. Joseph Green et al., Defendants.

Supreme Court, Special Term, Queens County.

August 16, 1957.

Attorney(s) appearing for the Case

Louis J. Zieden for plaintiffs.

Joseph Jaspan for defendants.

D. ORMONDE RITCHIE, J.

Plaintiffs move for an order (1) striking the first affirmative defense from the defendants' answer pursuant to rule 109 of the Rules of Civil Practice; (2) striking the second affirmative defense therefrom pursuant to rule 104 of the Rules of Civil Practice; and (3) granting summary judgment pursuant to rule 113 of the Rules of Civil Practice.

The action is one to recover on a...

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