TOBINICK v. CHECKER TAXICAB CO.


12 Misc.2d 724 (1957)

Sydney Tobinick et al., Plaintiffs, v. Checker Taxicab Co., Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

October 21, 1957.


Attorney(s) appearing for the Case

James A. Doherty for defendants.

Isidore Halpern for plaintiffs.


JACOB J. SCHWARTZWALD, J.

Defendants move pursuant to rule 106 and rule 112 of the Rules of Civil Practice to dismiss two of the causes of action contained in the complaint. Plaintiffs move to strike two affirmative defenses from the answer, or, in the alternative, to allow plaintiffs to amend the complaint.

The actions involve an accident which occurred in the State of Illinois in July, 1955. The first...

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