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DUSHOFF v. PHOENIX COMPANY

No. 1 CA-CIV 2142.

22 Ariz. App. 445 (1974)

528 P.2d 637

Jay DUSHOFF and Diane Dushoff, his wife, Appellants, v. The PHOENIX COMPANY, a limited partnership, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied February 13, 1975.

Review Denied March 18, 1975.

Attorney(s) appearing for the Case

Dushoff & Sacks, by Seymour Sacks, and Leroy L. Miller, Phoenix, for appellant.

Bonn & Anderson, by Jeffrey D. Bonn, Phoenix, for appellee.

Rehearing Denied February 13, 1975. See 532 P.2d 180.

OPINION

STEVENS, Judge.

The Phoenix Company (Phoenix) brought an action alleging a breach of a lease against Jay Dushoff (Dushoff). The trial court granted Phoenix's motion for summary judgment. Dushoff claims that the trial court committed error in granting the summary judgment because three affirmative defenses were advanced that were questions of fact and should...

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