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OBSTFELD v. THERMO NITON ANALYZERS, LLC

2012-01872, (Index No. 500152/09).

108 A.D.3d 658 (2013)

969 N.Y.S.2d 516

2013 NY Slip Op 5304

LAWRENCE A. OBSTFELD et al., Respondents, v. THERMO NITON ANALYZERS, LLC, et al., Appellants.

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

Decided July 17, 2013.

In an action, inter alia, to recover damages for breach of contract, the defendants appeal from so much of an order of the Supreme Court, Kings County (Demarest, J.), dated July 25, 2011, as granted those branches of the plaintiffs' motion which were to strike the ninth affirmative defense and to dismiss the first counterclaim in the defendants' answer. Prior Case History: 32 Misc.3d 1221(A), 2011 NY Slip Op 51383(U).

Ordered that the order is affirmed insofar as...

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