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ANDERSON v. WROC-TV

109 Misc.2d 904 (1981)

Barbarra P. Anderson et al., Plaintiffs, v. WROC-TV et al., Defendants.

Supreme Court, Monroe County.

July 13, 1981

Attorney(s) appearing for the Case

Antell & Harris (Peter A. Harris of counsel), for plaintiffs. Woods, Oviatt, Gilman, Sturman & Clarke (John A. Titus of counsel), for WHEC-TV and others, defendants. Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for WROC-TV and others, defendants. Lines, Wilkens, Osborn & Beck (James A. Reed, Jr., of counsel), for WOKR-TV and others, defendants. Bayer & Smith (Scott H. Smith of counsel), for Ronald Storm and others, defendants.

DAVID O. BOEHM, J.

In this case of apparent first impression in New York the plaintiffs are moving for summary judgment on the ground that certain affirmative defenses in the defendants' answers have no merit and should be stricken. Although the motion is brought under CPLR 3212, it appears that the application is actually one to dismiss defenses under CPLR 3211 (subd [b]) and the motion is converted accordingly.

It appears that on the morning...

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