DASHEW v. KAY


7 Misc.2d 525 (1957)

Sol Dashew et al., Plaintiffs, v. Max Kay, Defendant.

Supreme Court, Special Term, Kings County.

July 18, 1957.


Attorney(s) appearing for the Case

Norman J. Felig for defendant.

Ruben Schwartz and Robert W. Adler for plaintiffs.


LLOYD I. HERZKA, J.

Defendant moves to dismiss the complaint because of plaintiffs' failure to appear for examination before trial. Plaintiffs cross-move to amend the complaint and to add a party defendant.

The present complaint sets forth an action to recover the sum of $8,000 on a loan made to the defendant. The defendant has served an answer in which he sets forth the defense of payment and usury....

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