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REXFORD TAPING v. MAPLE KNOLL APTS.

65 Misc.2d 342 (1971)

Rexford Taping & Supply Co., Inc., Plaintiff, v. Maple Knoll Apartments, Inc., et al., Defendants.

Supreme Court, Special Term, Saratoga County.

January 26, 1971

Attorney(s) appearing for the Case

Love, Balducci & Scaccia (Dante M. Scaccia of counsel), for defendants. Tate & Tate (Rex S. Ruthman of counsel), for plaintiff.

HOWARD A. ZELLER, J.

This action is pending in Supreme Court in Saratoga County in the Fourth Judicial District. Defendants have served an answer and a bill of particulars. Defendants now move before the Supreme Court in Madison County in the Sixth Judicial District for an order dismissing the complaint and for summary judgment.

Plaintiff first resists the motion on the ground that it was improperly made returnable before the Supreme Court in...

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