GREAT EASTERN FUEL v. POWELL


6 Misc.2d 783 (1957)

Great Eastern Fuel Co., Inc., Plaintiff, v. William Powell et al., Defendants.

Supreme Court, Special Term, Kings County.

March 25, 1957.


Attorney(s) appearing for the Case

Benjamin R. Leinhardt for William Powell, defendant.

William A. Hyman for plaintiff.

Goldwater & Flynn for Klevens Tank & Boiler Corp. and others, defendants.


BENJAMIN BRENNER, J.

This is a motion by defendant Powell to dismiss the fourth separate defense contained in the answer of defendants Klevens Tank & Boiler Corporation, J. K. Welding Co. Inc. and Klevens Corp., hereinafter referred to as defendants Klevens, which is asserted as a counterclaim against defendant Powell pursuant to section 264 of the Civil Practice Act.

Plaintiff's amended complaint sets out three causes of action against defendants...

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