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ABRAHAM v. NY TEL CO

85 Misc.2d 677 (1976)

Carl H. Abraham, Plaintiff, v. New York Telephone Company, Defendant.

Civil Court of the City of New York, New York County.

February 24, 1976

Attorney(s) appearing for the Case

Queller, Fisher & Block (Morton H. Feder of counsel), for plaintiff. Dewey, Ballantine, Bushby, Palmer & Wood (Jack Kaufmann and Robert Mannis of counsel), for defendant.

RICHARD W. WALLACH, J.

This is an action brought by an investor businessman to recover damages from the telephone company (Company) for interruptions and breakdowns in service to his home in December, 1968, and intermittently thereafter.

At the outset of this nonjury trial plaintiff moved to dismiss the fourth and fifth affirmative defenses contained in defendant's supplemental answer as a matter of...

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