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CASTLE v. NO. END CONTR. CORP.

21 A.D.2d 8 (1964)

Josephine T. Castle, as Administratrix of The Estate of Frank W. Castle, Deceased, Respondent-Appellant, v. North End Contracting Corp., Appellant, and Edward C. Smith, Respondent, et al., Defendant

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

March 20, 1964.

Attorney(s) appearing for the Case

Dugan, Casey, Burke & Lyons (Kenneth J. Dugan and Thomas W. Brown of counsel), for appellant.

Medwin, Tabner & Carlson (Nathan M. Medwin and Leslie F. Couch of counsel), for respondent-appellant.

Frank A. Pedlow and Frank A. Pedlow, Jr., for respondent.

John W. Hacker, Corporation Counsel, for City of Albany, defendant.

HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ., concur.

GIBSON, P. J.

The appeals are from an order of the Supreme Court at Special Term which (1) granted plaintiff's motion to strike out as insufficient a defense under the Workmen's Compensation Law interposed by the answer of defendant North End and (2) denied plaintiff's motion to strike out a similar defense interposed by the answer of defendant Smith.

The complaint...

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