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RUZICKA v. RAGER

279 A.D. 1061 (1952)

Francis W. Ruzicka et al., Copartners Doing Business as Ruzicka's, Appellants, v. Edward Rager, Respondent Edward Rager, Respondent, v. Francis W. Ruzicka et al., Appellants, et al., Defendants. (Consolidated Appeals.)

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

May 20, 1952.

Order entered January 29, 1952, denying plaintiff partnership's motion to strike the third defense and first counterclaim, the fourth defense and second counterclaim and the fifth defense and third counterclaim unanimously modified by granting the motion to dismiss the fifth defense and third counterclaim on the ground that it is not available against the plaintiff partnership and, as so modified, affirmed, with $20 costs and disbursements to appellant partnership. Settle...

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