ROCHESTER ATLAS WRECKING CO., INC. v. E. J. DEL MONTE CORP.


62 A.D.2d 1175 (1978)

Rochester Atlas Wrecking Company, Inc., Respondent, v. E. J. Del Monte Corp., Appellant, et al., Defendant

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

April 14, 1978


Order unanimously affirmed, with costs.

Memorandum:

Defendant appeals from an order striking its first, second, third and fourth affirmative defenses and dismissing its first and second counterclaims. Plaintiff's action is for a breach of a written contract and lease agreement made with defendant's predecessor in title under which plaintiff was to conduct a landfill operation on defendant's property. The first affirmative defense of illegality was properly...

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