MARINE TRUST v. VIL. OF WAVERLY


42 Misc.2d 704 (1963)

Marine Midland Trust Company of Southern New York, Plaintiff, v. Village of Waverly, Defendant.

Supreme Court, Special Term, Broome County.

August 12, 1963


Attorney(s) appearing for the Case

Personius, Mustico & Sullivan for plaintiff. William M. Donnelly and Nathan Turk for defendant.


DANIEL J. McAVOY, J.

This was a motion by the plaintiff for leave to reargue its motion to strike from defendant's answer the general denial and counterclaim therein alleged, and for judgment on the pleadings, pursuant to rule 112 of the Rules of Civil Practice. The motion for leave to reargue was granted and the reargument was heard on July 26, 1963 before a Special Term of this court.

Plaintiff in its complaint had alleged a cause of action...

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