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GOTHAM AIR SERV. v. HEITNER

144 Misc.2d 430 (1989)

Gotham Air Conditioning Service, Inc., Plaintiff, v. Herbert Heitner et al., Individually and as General Partners of Heitner & Breitstein, a New York General Partnership, Defendants.

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

March 31, 1989

Attorney(s) appearing for the Case

Levy & Davis (Damon R. Maher of counsel), for plaintiff. Herbert Heitner and others, defendants pro se.

DAVID GOLDSTEIN, J.

Motion by plaintiff for an order, pursuant to CPLR 3211 (b), dismissing the affirmative defenses in the answer is granted only as to defendants Norman Breitstein and Heitner & Breitstein, a general partnership.

Although the court had previously directed a traverse on the jurisdictional defense, a hearing is unnecessary since it appears the partnership and the individual defendant...

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