METRO. TOBACCO v. SHOTZ


93 Misc.2d 671 (1978)

Metropolitan Tobacco Company, Inc., Plaintiff, v. Irving Shotz et al., Defendants.

Supreme Court, Special Term, Queens County.

March 7, 1978


Attorney(s) appearing for the Case

Richard V. D'Alessandro for Irving Shotz and another, defendants. Poskanzer, Hessberg, Blumberg & Dolin for Stanley Cooper, defendant. Mudge, Rose, Guthrie & Alexanders for plaintiff.


HAROLD HYMAN, J.

Defendants move for a change of place of trial from Queens County to Albany County. The basis for their application is allegedly "convenience of material witnesses."

Plaintiff moves pursuant to CPLR 3211 (subd [a], par 7; subd [b]) to dismiss the "first" and "second" affirmative defenses and counterclaims of defendant, Cooper, on the ground that they state neither a defense nor counterclaim...

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