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DYE v. LEWIS

68 Misc.2d 434 (1971)

Marvin R. Dye et al., as Trustees for Bondholders Under a Certain Instrument of Trust with Standard Rochester Brewing Co., Inc., Plaintiffs, v. Aaron Lewis et al., Defendants.

Supreme Court, Monroe County.

December 6, 1971

Attorney(s) appearing for the Case

Whitbeck & Holloran (Walter J. Holloran of counsel), for plaintiffs. Nixon, Hargrave, Devans & Doyle (G. Robert Witmer, Jr., of counsel), for Lincoln Rochester Trust Company, defendant.

EMMETT J. SCHNEPP, J.

This is a motion by plaintiffs for an order dismissing the "First" through "Sixth" affirmative defenses, and the "First" and "Second" counterclaims alleged in the amended answer of the Lincoln Rochester Trust Company and for summary judgment.

The action was commenced in January, 1971 to foreclose a mortgage executed and delivered on November 28, 1956 by the Standard Brewing Co....

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