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WEISS v. OWEGO RADIO

34 Misc.2d 562 (1962)

Maurice E. Weiss, Plaintiff, v. Owego Radio, Inc., Defendant.

Supreme Court, Special Term, New York County.

April 30, 1962

Attorney(s) appearing for the Case

Cowan, Liebowitz, Emanuel & Latman (Lewis R. Cowan of counsel), for plaintiff. Ellis & Bartow (Peter Belsito of counsel), for defendant.

SAMUEL M. GOLD, J.

Plaintiff moves pursuant to rules 103 and 109 of the Rules of Civil Practice, for an order striking out paragraphs Third to Seventh, inclusive, of the answer as sham, and dismissing the first counterclaim for insufficiency pursuant to rule 109, or, in the alternative, pursuant to rule 110, for an order dismissing the second counterclaim for insufficiency, or, in the alternative, upon the ground...

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