FRIENDLY BABYLON v. LOCUST AT RALPH


44 Misc.2d 563 (1964)

Friendly Babylon Corp., Plaintiff, v. Locust at Ralph Corp. et al., Defendants.

Supreme Court, Special Term, Suffolk County.

November 27, 1964


Attorney(s) appearing for the Case

John V. N. Klein for plaintiff. Eugene J. Blumberg for defendants.


JACK STANISLAW, J.

Two of defendant's affirmative defenses-counterclaims are objected to as insufficient and made the subject of plaintiff's motion to dismiss. These particular pleadings generally allege special damages, the result of the improper acts and conduct of plaintiff and another.

Initially, plaintiff has difficulty categorizing the theory of these pleadings. It feels that defendants are dealing with either defamation or prima...

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