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KNOBLOCH v. KREISBERG

32 Misc.2d 987 (1962)

Irving M. Knobloch, as Receiver of the Property of Eugene Schmelzer, Plaintiff, v. Leo Kreisberg, Defendant.

Supreme Court, Special Term, New York County.

February 6, 1962

Attorney(s) appearing for the Case

Pincus P. Ettinger for plaintiff. Preiss & Rand (Herbert Rand and Milton Shermet of counsel), for defendant.

JOSEPH A. GAVAGAN, J.

Plaintiff moves pursuant to rule 103 of the Rules of Civil Practice for an order striking out paragraph FIRST of the answer and the second and third defenses as sham and frivolous. Defendant cross-moves for judgment pursuant to rule 113 and section 476 of the Civil Practice Act dismissing the complaint upon the basis of the second and third defenses. Judgment debtor has instituted an action against the defendant based upon a loan...

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