In an action for specific performance, plaintiff moves pursuant to CPLR 3211 (subd. [a], pars. 6 and 7) to dismiss the counterclaim of the defendant and, pursuant to CPLR 3103, to vacate a notice for examination before trial or, in the alternative, to modify such notice.
Plaintiff and the late Julius Nussenblatt entered into a partnership agreement in January, 1967. In July...
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