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TRU-BITE LABS v. ASHMAN

54 A.D.2d 345 (1976)

Tru-Bite Labs, Inc., Respondent, v. Arthur Ashman, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 16, 1976

Attorney(s) appearing for the Case

Edward S. Wactlar of counsel (Kuh, Shapiro, Goldman, Cooperman & Levitt, P. C., attorneys), for appellant.

David L. Katsky of counsel (Esanu Katsky & Korins, attorneys), for respondent.

STEVENS, P. J., MARKEWICH, KUPFERMAN, MURPHY and SILVERMAN, JJ., concur.

Per Curiam.

Defendant appeals from an order entered March 24, 1976 in New York County (NADEL, J.) which granted plaintiff's motion for an order directing defendant's attorneys to withdraw as trial counsel.

In this action to recover money had and received, defendant raises the affirmative defenses of payment and release based upon a separation agreement entered into between defendant and plaintiff's president...

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