The plaintiff has moved on affidavit to strike from the defendant's answer the second, third and fourth defenses. The notice of motion states that it is made pursuant to rule 103 of the Rules of Civil Practice on the ground that these defenses are frivolous and irrelevant. This rule permits the use of affidavits to determine whether matter in a pleading is sham; since the defenses here are not assailed
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ALLALEMDJIAN, LTD. v. TROTTA
6 Misc.2d 976 (1957)
Kevork Allalemdjian, Ltd., Plaintiff, v. Jerome Trotta, Doing Business as Air Cargo Express, Defendant.
Supreme Court, Special Term, New York County.https://leagle.com/images/logo.png
April 29, 1957.
April 29, 1957.
Attorney(s) appearing for the Case
Greenhill & Greenhill for defendant.
Supreme Court, Special Term, New York County.
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