SCHOTTENSTEIN v. ORTNER


13 A.D.2d 1001 (1961)

Leon Schottenstein et al., Appellants-Respondents, v. Arthur J. Ortner, Respondent-Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 14, 1961


On the appeal by plaintiffs: Order insofar as appealed from, affirmed, without costs. On the appeal by defendant Ortner: Order insofar as appealed from, modified: (a) by striking out from the first and third decretal paragraphs the provisions which grant plaintiffs' motion as to the first, second and fourth defenses and which strike out such defenses, and (b) by substituting therefor a provision denying plaintiffs' motion as to such defenses. As so modified, the order, insofar...

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