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TRUSSELL v. KOSTIW

35 Misc.2d 60 (1962)

Ray E. Trussell, as Commissioner of Hospitals of the City of New York, Plaintiff, v. William B. Kostiw, Defendant and Third-Party Plaintiff. John Kostiw, Third-Party Defendant.

Supreme Court, Special Term, New York County.

May 11, 1962

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (James H. Levy of counsel), for plaintiff. Rathgeber, Roman & Murphy (Gerald H. Murphy of counsel), for defendant.

NATHANIEL HELMAN, J.

By this application, the Commissioner of Hospitals of the City of New York seeks an order pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, striking out 11 separate, distinct, affirmative defenses, and one equitable defense from the answer of the defendant on the ground of their insufficiency in law. In its first cause of action, plaintiff seeks to recover from defendant...

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