STATE OF MARYLAND v. BRANCH MOTOR EXPRESS CO.


204 Misc. 887 (1953)

State of Maryland, for the Use of Peter D'Agostino and Another, et al., Plaintiffs, v. Branch Motor Express Co. et al., Defendants.

Supreme Court, Special Term, Kings County.

October 16, 1953.


Attorney(s) appearing for the Case

Levy & Harten for plaintiffs.

John P. Smith for Branch Motor Express Co., defendant.


HART, J.

Plaintiffs seek to strike out as sham and frivolous (Rules Civ. Prac., rules 103, 104) certain denials which the corporate defendant has interposed to the amended complaint. Specifically, plaintiffs move to strike out the denials of paragraphs "First," "Second," "Third," "Ninth" and "Twelfth" of plaintiffs' pleaded first cause of action and the same denials where the answer repeats them as to other pleaded...

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