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BUCKLEY PETROLEUM PRODS., INC. v. SCHWARTZ

28 A.D.2d 640 (1967)

Buckley Petroleum Products, Inc., et al., Plaintiffs, and Glenn D. Bartle, as Trustee of Markson Bros., Inc., NOW KNOWN as MBH, Inc., Appellant-Respondent, v. Joseph Schwartz et al., Defendants, and Abe Goldman, Respondent-Appellant. O. W. Seibert Co., Inc., et al., Plaintiffs, and Glenn D. Bartle, as Trustee of Markson Bros., Inc., Now Known as MBH, Inc., Appellant-Respondent, v. Asher S. Markson, Respondent-Appellant

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

May 18, 1967

Order unanimously modified in accordance with the Memorandum and as so modified affirmed, without costs.

Memorandum:

Ordering paragraphs 4, 5 and 6 should be modified to provide in paragraph 4 that the motion to strike defendant Markson's first affirmative defense be granted, without costs; in paragraph 6 that the motion to strike said defendant's third affirmative defense be denied, without costs, and in paragraph...

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