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  5. 67 A.D.2d 674 (1979)
 

COLUMBIA INTERCONNECT ASSOCS., INC. v. TELE/RES., INC.

67 A.D.2d 674 (1979)

Columbia Interconnect Associates, Inc., Appellant-Respondent, v. Tele/Resources, Inc., Respondent-Appellant

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

January 15, 1979

Order modified, on the law, by adding thereto a provision striking defendant's first affirmative defense to the second cause of action. As so modified, order affirmed, without costs or disbursements.

The defendant asserts as an affirmative defense to each of the two causes of action that the corporate plaintiff was not in existence on the date of the contract. It appears from the undisputed facts that plaintiff adopted the...

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