SMITH v. CIRCLE AIR FRGT.


128 Misc.2d 12 (1985)

L. B. Smith, Inc., Plaintiff, v. Circle Air Freight Corp., Defendant and Third-Party Plaintiff. Banco De Santandar et al., Third-Party Defendants.

Supreme Court, Onondaga County.

March 5, 1985


Attorney(s) appearing for the Case

Smith, Sovik, Kendrick, Schwarzer & Sugnet, P. C. (Donald P. Colella of counsel), for defendant and third-party plaintiff. Condon & Forsyth (Edward C. Dial, Jr., of counsel), for Iberia Air Lines of Spain, third-party defendant. James L. Berenthal for Banco De Santandar, third-party defendant.


JOHN F. LAWTON, J.

Defendant and third-party plaintiff, Circle Air Freight Corp. (hereinafter Circle), in this motion seeks an order dismissing the first and second affirmative defenses contained in the answer of third-party defendant, Iberia Air Lines of Spain (hereinafter Iberia). All other relief sought in defendant and third-party plaintiff's notice of motion has been previously resolved between movant and third-party defendant, Banco De Santandar...

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