BOLOGNA v. BATTISTO


36 Misc.2d 297 (1962)

Vincent Bologna et al., Plaintiffs, v. Camillo Battisto et al., Defendants.

County Court, Albany County.

October 10, 1962


Attorney(s) appearing for the Case

Henry H. Koblintz and Evariste G. Lavigne, Jr., for plaintiffs. Charles J. Duncan and E. David Duncan for defendants.


MARTIN SCHENCK, J.

This is a motion for an order striking out a paragraph in the defendants' answer on the ground that it appears on the face thereof that the defense interposed is insufficient as a matter of law. The action seeks to recover damages on the theory of negligence on the part of the defendants who owned property adjoining that of the plaintiffs. It is alleged that the plaintiffs' building was damaged...

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