KILIDJIAN v. MAZZA


20 Misc.2d 285 (1959)

John Kilidjian, Plaintiff, v. "John" Mazza, Defendant.

Supreme Court, Special Term, Kings County.

October 2, 1959.


Attorney(s) appearing for the Case

George A. Berkowitz for plaintiff.

Natalie F. Fanto for defendant.


JAMES S. BROWN, J.

In this action for a dissolution of a partnership and for an accounting, plaintiff moves pursuant to rules 106 and 103 of the Rules of Civil Practice for an order dismissing the counterclaim on the ground that it fails to set forth facts sufficient to constitute a proper counterclaim.

While the plaintiff's motion is made pursuant to rule 106 of the Rules of Civil Practice, the court will consider this an application under rule...

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