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GIBSON v. MEEHAN

13 Misc.2d 716 (1958)

Lewis H. Gibson, as Administrator of The Estate of Louise Gibson, Deceased, Plaintiff, v. John T. Meehan, Public Administrator of Bronx County, as Administrator of The Estate of Augustine De Lano, Deceased, Defendant.

Supreme Court, Special Term, Bronx County.

September 11, 1958.

Attorney(s) appearing for the Case

Herman Frankel for plaintiff.

John P. Smith and Alan W. Craig for defendant.

GEORGE TILZER, J.

Motion by plaintiff pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice to strike out the second separate and complete defense contained in paragraph of the answer marked "Sixth" on the grounds that it appears on the face of said defense that the same is insufficient in law.

The first cause of action, to which the second separate and complete defense refers, is a wrongful...

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