RUBENSTEIN & RUBENSTEIN v. PAPADAKOS


31 A.D.2d 615 (1968)

Rubenstein & Rubenstein, Appellants, v. Dorothy M. Papadakos, Respondent

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

December 12, 1968


Order entered May 1, 1968, denying motion to dismiss first affirmative defense and first counterclaim in amended answer, unanimously reversed on the law and motion granted with $50 costs and disbursements to appellants.

The original answer contained a first defense and counterclaim pleaded together. On motion this was dismissed with leave to replead. It appears from the court's opinion that the matter pleaded constituted neither a defense nor a counterclaim. Defendant...

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