LEIBOWITZ v. COHEN


33 Misc.2d 138 (1962)

Mollie Leibowitz, Plaintiff, v. Elaine Cohen et al., Defendants.

Supreme Court, Special Term, Kings County.

March 14, 1962


Attorney(s) appearing for the Case

Louis M. Leibowitz for plaintiff. Glasser, Baily & Litwack for defendant.


LOUIS B. HELLER, J.

Plaintiff moves pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice to strike out the two affirmative defenses set forth in the answer of defendant Elaine Cohen. The first defense pleads the Statute of Limitations; the second the Statute of Frauds. Plaintiff's other motion seeks a discovery and inspection of the personal property here involved.

Movant in this replevin action seeks to recover a diamond ring...

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