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BUSHELL v. SIRLIN PLUMBING CO.

27 Misc.2d 905 (1961)

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

Supreme Court, Special Term, Queens County.

January 31, 1961

Attorney(s) appearing for the Case

Paul V. Rudden for Anthony Notaro, defendant. J. Ozias Kaufman for Mathies Well & Pump Co., Inc., defendant. Blodnick & Ostrow for Calco Roofing, Inc., defendant. Sealove & Rubin for Morris Feldman, doing business as Hempstead Flag Co., defendant. Hoffman & Altimari for Antonio Altimari, defendant. Morris J. De Nardo for North Shore Electric Corporation, defendant. Joseph D. Stim for Metpar Steel Products Corp. and others, defendants. John J. O'Keefe for Sal Bizzoso and another, defendants. Harry D. Mencher for Supreme Steel Equipment Corp., defendant. Goldman, Horowitz & Cherno for Local Steel & Supply Co., Inc., and another, defendants. William M. Mullooly for Ocean Blue Pools, Inc., defendant. Babbitz & Kramer for Rudan Electric Supply Co., defendant. John Fay for Dominick Di Bari, defendant. Lipton & Silverstein for De Chiaro Bros., Inc., defendant. Milton Jonas for White Cross Sewage Service, Inc., and others, defendants. Eli N. Horin for Public Building Material Co. Inc., and others, defendants. Joseph Jaspan for plaintiff.

SAMUEL RABIN, J.

Defendants move for summary judgment dismissing the complaint on the merits, pursuant to the provisions of rule 113 of the Rules of Civil Practice. By cross motion, the plaintiff seeks the dismissal, as insufficient in law, of the first and second affirmative defenses asserted in the answer of the defendants Sirlin Plumbing Co., and others, pursuant to rule 109 of the Rules of Civil Practice...

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