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SCHWARTZ v. ROYAL DANELLI CORP.

43 Misc.2d 485 (1964)

Millicent Schwartz et al., Plaintiffs, v. Royal Danelli Corp. et al., Defendants.

District Court of Nassau County, First District.

July 7, 1964

Attorney(s) appearing for the Case

Bachkoff, Miller & Steger for defendants. Schneebaum & Blumenfeld for plaintiffs.

FRANCIS J. DONOVAN, J.

Defendant moves for leave to serve an amended answer. Plaintiff cross-moves to strike defense of Statute of Limitations.

This matter as presented involves a number of misconceptions concerning the new CPLR. Defendant contends that the motion to strike the defense is not timely under CPLR 3024 (subd. [c]). A motion to strike a defense is under CPLR 3211 (subds. [b], [c]).

The motion to strike the defense has been...

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