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Dworski v. Genesee Country Abstract Co.

277 A.D.2d 1094 Court N.Y. App. Div. Decision date 1950-11-15 English

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p. 1094
Maurice Dworski, Respondent, v. Genesee Country Abstract Company, Appellant.

Order affirmed, with $10 costs and disbursements. Memorandum: We think the fourth affirmative defense is not sham but it is stricken out as unnecessary as the same issue is raised by the general denial. All concur. (Appeal from an order-striking out certain affirmative defenses in defendant’s answer.) Present — Taylor, P. J., McCurn, Love, Kimball and Piper, JJ.