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TRAVELERS IND. CO. v. CENT. TRUST

47 Misc.2d 849 (1965)

Travelers Indemnity Company, Individually and For the Benefit of All Others Similarly Situated, Plaintiff, v. Central Trust Company of Rochester et al., Defendants.

Supreme Court, Monroe County.

September 28, 1965

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (John J. McCrory of counsel), for plaintiff. Woods, Oviatt, Gilman, Sturman & Clarke (Raymond F. Allen of counsel), for Central Trust Company of Rochester, defendant.

G. ROBERT WITMER, J.

The plaintiff has moved pursuant to CPLR 3211 (subd. [b]) for an order dismissing the first, second and third affirmative defenses contained in the amended answer of the defendant Central Trust Company of Rochester. The complaint contains nine causes of action under the Lien Law to compel the defendant to pay to the plaintiff the amounts which the plaintiff has expended under performance...

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