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p. 735Alonzo G. Brooks, as Trustee under a Certain Trust Indenture Bearing Date the 6th Day of August, 1931, Executed by Marinelli Construction Corporation for the Benefit of Certain Lienable Creditors of Said Marinelli Construction Corporation Whose Claims Arose Out of the Construction of Section F of the Hutchinson Project Sewer, So-called, Appellant, Respondent, v. Marinelli Construction Corporation and Others, Defendants; The Fidelity & Casualty Company of New York, Respondent, Appellant.
From an order denying plaintiff’s motion to strike out the first counterclaim of defendant The Fidelity & Casualty Company of New York and granting the plaintiff’s motion to strike out the same defendant’s second counterclaim, both plaintiff and said defendant appeal. Order affirmed, without costs. No opinion. Lazansky, P. J., Carswell, Adel, Taylor and Close, JJ., concur.