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FISHBEIN v. FULTON STUDIOS

23 Misc.2d 105 (1960)

Harry Fishbein et al., Plaintiffs, v. Fulton Studios, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

March 31, 1960.

Attorney(s) appearing for the Case

Jacob Lewis Gold for plaintiffs.

Robert S. Buttles for Fulton Studios, Inc., defendant.

Kallman Ress for L. F. Trading Co., Inc., defendant.

Goldwater & Flynn for North Side Savings Bank, defendant.

JOHN E. CONE, J.

In this foreclosure action plaintiffs move (1) pursuant to rule 109 of the Rules of Civil Practice for an order striking out defendant North Side Savings Bank's counterclaim on the ground that it does not state sufficient facts to constitute a cause of action and to strike the affirmative defense on the ground that the defense is insufficient in law, and (2) for summary judgment pursuant to...

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