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LODATO v. ALVIN ESTATES

16 Misc.2d 388 (1959)

Joseph Lodato, Plaintiff, v. Alvin Estates Incorporated et al., Defendants.

Supreme Court, Special Term, Queens County.

January 12, 1959.

Attorney(s) appearing for the Case

Wolinsky & Wolinsky for plaintiff.

Norman L. Adolf (Stanley E. Springer of counsel), for Alvin Estates Incorporated and another, defendants.

Bernard W. Gilbard for Park View Diner Inc., defendant.

MARIO PITTONI, J.

Motion pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice to dismiss certain defenses as insufficient in law.

The defenses are contained in the answers of (1) the defendants, Alvin Estates, Inc. and Celia Goldfarb, and (2) the defendant, Park View Diner, Inc.

The plaintiff's action is for a judgment declaring him to have a lien on premises owned by the defendant, Alvin Estates, Inc., and for a foreclosure...

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