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KUKODA v. SCHNEIDER

41 Misc.2d 308 (1963)

Louis Kukoda, Plaintiff, v. Sol Schneider et al., Defendants.

Supreme Court, Special Term, Queens County.

December 30, 1963

Attorney(s) appearing for the Case

King, Sobel & Weinraub for plaintiff. Marvin, Montfort, Healy, McGuire & Salley for Sol Schneider, defendant.

JAMES A. ROE, JR., J.

Plaintiff moves for an order:

"1. Dismissing the affirmative defense contained in defendant Schneider's answer upon the ground that a defense is not stated therein, pursuant to Rule 3211(b) CPLR; "2. Directing an immediate trial of the issues raised on this motion, pursuant to Rule 3211(c); and "3. For such other and further relief as may be proper." ...

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