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AMER. TOBACCO CO. v. RIGGIO TOBACCO CORP.

37 Misc.2d 23 (1962)

American Tobacco Company, Plaintiff, v. Riggio Tobacco Corporation, Defendant.

Supreme Court, Special Term, New York County.

June 7, 1962

Attorney(s) appearing for the Case

Chadbourne, Parke, Whiteside & Wolff (Charles Pickett, Janet C. Brown and Walter E. Shuttleworth of counsel), for plaintiff. Hartman & Craven (Milton L. Rosenberg of counsel), for defendant.

MATTHEW M. LEVY, J.

This is a motion to amend the answer and a cross motion to serve a "supplemental" (perhaps "amended" would be more appropriate) complaint. The action has been pending since 1956 and the parties have been engaged in considerable intermediate litigation. The cause has not yet been noticed for trial.

(1) Insofar as the defendant's motion is concerned — to withdraw certain defenses contained in the answer — the amendment...

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