G. B. SEELY'S SON, INC. v. FULTON-EDISON, INC.


52 A.D.2d 575 (1976)

G. B. Seely's Son, Inc., Appellant, v. Fulton-Edison, Inc., et al., Respondents, et al., Defendants

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

April 5, 1976


Order modified by striking the first decretal paragraph thereof and substituting therefor the following: "Ordered that the plaintiff's motion is granted to the extent of striking the second and third affirmative defenses and counterclaims, and the motion is otherwise denied." As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to respondents.

The time of plaintiff to join Norton Simon, Inc., and "John Doe, tenant in possession...

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