McDONOUGH, INC. v. BERGER


22 Misc.2d 646 (1959)

David McDonough, Inc., Plaintiff, v. Edmond Berger et al., Defendants.

Supreme Court, Special Term, New York County.

September 29, 1959.


Attorney(s) appearing for the Case

I. Robert Broder for plaintiff.

James L. Nelligan for Edmond Berger, defendant.

Anthony F. Bellucci for Paolini Roschild and another, defendants.


SIDNEY A. FINE, J.

This is a motion to strike out, as insufficient, the defenses pleaded in the answers of the defendants. The motion searches the record and, therefore, requires consideration of the sufficiency of the three causes of action alleged in the complaint.

Certain of the defendants' criticisms of the complaint apply to all the causes of action. The failure to allege the issuance of execution...

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