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MATTER OF NACHMAN

17 Misc.2d 363 (1959)

In the Matter of The Estate of John E. Nachman, Deceased.

Surrogate's Court, Nassau County.

March 2, 1959.

Attorney(s) appearing for the Case

McCarthy & McGrath for petitioner.

Austin & Du Pont (Stephen J. Masse of counsel), for Thomas D. Austin, respondent.

William B. Pius for Robert F. Brown, respondent.

JOHN D. BENNETT, S. (A)

Motions pursuant to rule 103 of the Rules of Civil Practice.

These are motions made by petitioner pursuant to rule 103 of the Rules of Civil Practice to strike out the first affirmative defense of each of the respondents. The granting of such a motion is in the court's discretion (4 Carmody-Wait, New York Practice, p. 767).

In Riesenberger v. Sullivan (1 A.D.2d 1050, 1051...

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