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Davison v. Parke, Austin & Lipscomb, Inc.

256 A.D. 1071 Court N.Y. App. Div. Decision date 1939-04-28 English

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p. 1071
Charles Stewart Davison and Everett L. Thompson (Formerly Known as Everett L. Thompson, Jr.), Suing on Behalf of Themselves, etc., Respondents, Appellants, v. Parke, Austin & Lipscomb, Inc., and Others, Appellants, Respondents, Impleaded with Another, Defendant.

Order unanimously modified by denying plaintiffs’ motion to strike out the first, second, third and fifth separate and distinct defenses of the amended answer, and as so modified affirmed, with twenty dollars costs and disbursements to the defendants-appellants, with leave to the defendants-appellants to serve an amended answer, repleading the defense of laches, within ten days after entry of order. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.