SINGFR v. LEVINE


15 Misc.2d 785 (1958)

Lena Singer et al., Plaintiffs, v. Solomon Levine et al., Defendants.

Supreme Court, Special Term, Kings County.

November 21, 1958.


Attorney(s) appearing for the Case

Breitkopf & Breitkopf for plaintiffs.

Milton Berelson for defendants.


JAMES S. BROWN, J.

In this partition action instituted by four sisters, as co-owners of record of the subject real property, against their brother and sister, the two remaining co-owners, the plaintiffs move for an order pursuant to rule 109 of the Rules of Civil Practice striking out the affirmative defense and counterclaim interposed by the defendants on the ground that it is insufficient in law.

The complaint alleges substantially all the allegations...

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