INC. SOC., ST. MARIA, N. Y. v. LORUSSO


5 Misc.2d 551 (1957)

Incorporated Society of Saint Maria Del Buoncammino New York, Plaintiff, v. Nicholas Lorusso, Defendant.

Supreme Court, Special Term, Queens County.

February 14, 1957.


Attorney(s) appearing for the Case

Joseph J. Perrini for plaintiff.

Paltrow & Jensen for defendant.


NICHOLAS M. PETTE, J.

Plaintiff, a membership corporation, claims there is no defense to the action and that the answer interposed by defendant is sham, frivolous and without substance and was interposed merely for the purpose of delay, and moves for an order striking out said answer, and granting summary judgment in favor of the plaintiff. Under the provisions of subdivision 5 of rule 113 of the Rules of Civil...

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