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BRAZOS v. BRUMIDGE

6 A.D.2d 494 (1958)

Marie Brazos, Respondent, v. Richard Brumidge et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 1958.

Attorney(s) appearing for the Case

Joseph P. Feury of counsel (William J. Kenney, attorney), for appellants.

Ellias C. Hoppenfeld for respondent.

BOTEIN, P. J., McNALLY, STEVENS and BASTOW, JJ., concur.

M. M. FRANK, J.

The defendants appeal from a Special Term order which granted the plaintiff's motion to strike the entire answer as sham, and directed the entry of judgment and an assessment of damages, pursuant to rule 104 of the Rules of Civil Practice.

The plaintiff commenced an action against the defendants in the Municipal Court of the City of New York. The complaint indorsed upon the summons reads...

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