SCHWARTZ v. FINKELSTEIN


19 Misc.2d 498 (1959)

Samuel Schwartz, Plaintiff, v. Jonah Finkelstein, Defendant.

Supreme Court, Special Term, Kings County.

September 25, 1959.


Attorney(s) appearing for the Case

Abraham M. Feinstein for plaintiff.

Landi, Cahn & Gold for defendant.


BENJAMIN BRENNER, J.

This is an action brought to dissolve a partnership and for an accounting, etc. Plaintiff moves, pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, to strike out the affirmative defense and dismiss the counterclaim for insufficiency. The answer denies the existence of a partnership as alleged in the complaint. The special defense and counterclaim are based on a contract other than that claimed by plaintiff.

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