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WILSEY v. MULKEY CO.

56 Misc.2d 480 (1968)

Jason Wilsey, Plaintiff, v. Sam Mulkey Company, Defendant.

Supreme Court, Special Term, Broome County.

March 1, 1968

Attorney(s) appearing for the Case

Edwin Paul Hoskins (Travis & Johnson of counsel), for plaintiff.

Coughlin, Dermody & Guy (Richard B. Long of counsel), for defendant.

DAVID F. LEE, JR., J.

Plaintiff moves pursuant to CPLR 3211 (subd. [b]) for an order "dismissing the first, separate defense as to the third cause of action on the ground that a defense thereto is not stated and the defense alleged has no merit". The defendant, by way of cross motion, moves pursuant to CPLR 3211 (subd. [a], par. 5) for judgment dismissing the second and third alleged causes of action of the...

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