BUSHELL v. SIRLIN PLUMBING CO.


14 A.D.2d 589 (1961)

William G. Bushell, as Trustee in Bankruptcy of Babylon Country Club, Inc., Appellant, v. Sirlin Plumbing Co. et al., Respondents

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

July 24, 1961


Order and judgment reversed, with one bill of $10 costs and disbursements payable by the said nine defendants to the trustee; the motion of said nine defendants for summary judgment is denied; the trustee's cross motion to dismiss the first and second affirmative defenses pleaded by them in their joint answer is granted; and said defendants are granted leave, within 20 days after entry of the order hereon, to serve an amended answer, if so advised, repleading the second defense...

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