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JONES v. BLUESTONE

28 Misc.2d 441 (1961)

Cyrus C. Jones, Plaintiff, v. Leonard I. Bluestone, Defendant.

Supreme Court, Special Term, Nassau County.

January 9, 1961

Attorney(s) appearing for the Case

Mishell & Garlock (Louis Mishell of counsel), for plaintiff. Benjamin Weberman for defendant.

WILLIAM R. BRENNAN, JR., J.

This is a motion by plaintiff to strike defenses and counterclaims for insufficiency (Rules Civ. Prac., rule 109) and for judgment on the pleadings (Rules Civ. Prac., rule 112). The action is for breach of a contract for the sale by plaintiff to defendant of a dental practice. The real question upon this motion is whether a defense of illegality has been adequately pleaded.

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