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WELCH v. DI BLASI

289 A.D.2d 964 (2001)

737 N.Y.S.2d 716

JAMES V. WELCH, Appellant, et al., Plaintiffs, v. JAMES DI BLASI et al., Respondents.

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

Decided December 21, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of James V. Welch (plaintiff) to strike defendants' answer and counterclaims based on the doctrine of unclean hands. Contrary to defendants' contention, plaintiff did not waive the right to assert that doctrine by failing to plead it as an affirmative defense (see, Richards v Levy, 40 A.D.2d 1055...

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