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BARELKO v. POWDER POWER TOOL CORP.

16 A.D.2d 922 (1962)

Irving Barelko, Respondent, v. Powder Power Tool Corp. et al., Defendants, and Lubanko Tool Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1962

Order entered on December 12, 1961 affirmed, with $20 costs and disbursements to the respondent.

Breitel, J. P., concurs in the following memorandum:

I concur solely upon the ground that appellant's laches constitute a bar to the belated assertion of the res judicata defense. Appellant is in no better position than was the codefendant in this action who was also denied leave to assert the defense in an amended answer. In this court laches...

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