KUSHILEWSKY v. LINCHNER


36 Misc.2d 1079 (1962)

Eli Kushilewsky, Plaintiff, v. Alexander S. Linchner, Defendant.

Supreme Court, Special Term, New York County.

October 4, 1962


Attorney(s) appearing for the Case

Kamerman & Kamerman (Sidney Rabekoff of counsel), for plaintiff. Ellis Levy for defendant.


GEORGE TILZER, J.

Plaintiff moves pursuant to rule 109 of the Rules of Civil Practice for an order striking out the second, third and fourth defenses and the fifth affirmative defense and first counterclaim and for severance of the second counterclaim.

In the second defense, it is alleged that the writing on which plaintiff relies was executed in Israel and is invalid under the laws of Israel which prohibit an agreement to pay sums of money within...

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