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BURR v. CARVEL DARI-FREEZE STORES

21 Misc.2d 877 (1959)

Carl S. Burr, Sr., et al., Plaintiffs, v. Carvel Dari-Freeze Stores, Inc., Defendant.

Supreme Court, Special Term, Suffolk County.

August 27, 1959.

Attorney(s) appearing for the Case

Albert M. Levert for plaintiffs.

Griffing, Smith, Tasker & Lundberg for defendant.

FRED J. MUNDER, J.

This is an action for damages allegedly sustained by reason of the defendant's unlawful interference with an executed lease agreement between the plaintiffs and a third party. The answer consists of general denials and an affirmative defense by way of justification.

The plaintiffs now move under subdivision 6 of rule 109 of the Rules of Civil Practice to strike out the affirmative...

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