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JONES v. GABRIELLI

6 A.D.2d 542 (1958)

Robert T. Jones et al., Respondents, v. Ralph Gabrielli et al., Appellants, et al., Defendants

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

December 2, 1958.

Attorney(s) appearing for the Case

Gabrielli & Gabrielli (Ralph Gabrielli, in person, of counsel), for appellants.

Richard B. Overbagh and N. LeVan Haver for respondents.

FOSTER, P. J., BERGAN, HERLIHY and REYNOLDS, JJ., concur.

GIBSON, J.

Two of the defendants in a partition action appeal from an order which denied their motion, under section 274 of the Civil Practice Act, to compel a reply to the five defenses set forth in their answer and granted plaintiffs' cross motion to strike out the second, third and fourth defenses as insufficient in law.

The first defense alleges the nonjoinder of an indispensable party. However, subdivision...

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