HAYMAN v. JANIK


26 Misc.2d 80 (1960)

Richard A. Hayman et al., Plaintiffs, v. Fred Janik et al., Individually and as Copartners Doing Business under the Name of Fred Janik, General Contractor, Defendants.

Supreme Court, Special Term, Erie County.

September 23, 1960


Attorney(s) appearing for the Case

Cohen, Swados, Wright, Hanifin & Bradford (Hilary P. Bradford of counsel), for plaintiffs. Hyman Karnofsky for defendants.


MATTHEW J. JASEN, J.

This is a motion by plaintiff to (1) strike out paragraph Second of defendants' answer (wherein they denied any knowledge or information relative to certain paragraphs in the complaint) as sham and frivolous within the meaning of rule 103 of the Rules of Civil Practice and (2) grant judgment to the plaintiffs pursuant to rules 113, 256 and 257 of the Rules of Civil Practice and (3) dismiss the counterclaim pursuant to subdivisions...

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