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BERMANN v. ESPOSITO

35 Misc.2d 59 (1962)

Sigmund D. Bermann, Plaintiff, v. Guiseppi Esposito, Defendant.

District Court, First District, Nassau County.

May 10, 1962

Attorney(s) appearing for the Case

Herman B. Zipser for plaintiff. Kennedy & Dunn for defendant.

BERNARD TOMSON, J.

This is a motion to strike out an affirmative defense which reads: "As and for a first, separate and affirmative defense to the second cause of action, the defendant alleges this cause of action has been dismissed by order of this Court on April 14, 1961 pursuant to Rule 161 of the District Court Act; this cause of action was embodied in a prior suit bearing the same title and having Index...

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