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ACE HOEFFNER CONTR. v. PANZCKA, INC.

76 Misc.2d 864 (1973)

Ace Hoeffner Contracting Co., Inc., Plaintiff, v. P. J. Panzcka, Inc., Defendant.

District Court of Suffolk County.

December 20, 1973

Attorney(s) appearing for the Case

Murray Bogatin for defendant. Pratt, Caemmerer & Cleary for plaintiff.

OSCAR MUROV, J.

Plaintiff herein opposes defendant's motion for leave to file an amended answer and cross-moves for summary judgment.

Plaintiff's opposition comes on two grounds. He argues that the counterclaim is based on grounds the same as or nearly the same as those asserted as an affirmative defense in the answer. Defendant is now precluded from giving evidence relating to matters requested in...

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