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MATTER OF TRAVEL HOUSE OF BUFFALO, INC. v. GRZECHOWIAK

25 A.D.2d 492 (1966)

In the Matter of Travel House of Buffalo, Inc., Respondent, v. Edward A. Grzechowiak, as City of Buffalo Director of Licenses, et al., Appellants, and Madison Taxi of Buffalo, Inc., et al., Respondents

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

January 20, 1966

Order, insofar as appealed from, unanimously reversed, without costs of this appeal to any party, and motion denied, without costs.

Memorandum:

Defenses contained in an answer should not be stricken unless they are clearly and unquestionably insufficient in law. This is not so in the case before us. The petitioner would have the factual issues decided on the pleadings and affidavits rather than upon proof in a plenary...

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