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OTTO v. SCHWARTZ

36 Misc.2d 40 (1962)

Carl Otto et al., Plaintiffs, v. Charles C. Schwartz, Defendant, and Joan Briton, Intervenor.

Supreme Court, Special Term, New York County.

June 11, 1962

Attorney(s) appearing for the Case

Alfred A. Rosen for plaintiff in Action No. 1 and intervenor in Action No. 2. Ernest W. Brunner for Carl Otto and others, defendants in Action No. 1 and for Carl Otto and others, plaintiffs in Action No. 2. Schwartz & Schwartz for Robert P. Schwartz, defendant in Action No. 1 and for Charles C. Schwartz, defendant in Action No. 2. Milton Paulson for Charles C. Schwartz, defendant.

OWEN McGIVERN, J.

In this action denominated Action No. 2, plaintiffs move pursuant to rule 109 of the Rules of Civil Practice, for an order striking out defenses and counterclaims contained in the answer of the intervenor on the ground that it appears on the face of the defenses and counterclaims that there is another action pending between the plaintiffs and intervenor for the same cause and upon the further ground that it appears on the face of the...

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