Venditti v. American Druggists Insurance

108 A.D.2d 852, 485 N.Y.S.2d 972, 1985 N.Y. App. Div. LEXIS 43177

Opinion

In an action, inter alia, to recover on a payment bond, plaintiffs appeal from an order of the Supreme Court, Richmond County (Rubin, J.), dated November 29, 1983, which denied their motion to dismiss the affirmative defenses raised by defendants.

Order affirmed, with costs.

It cannot be said that either of the affirmative defenses has no merit as a matter of law (see, CPLR 3212 [b]; Siegel, NY Prac § 269). Titone, J. P., Thompson, O’Connor and Eiber, JJ., concur.

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Venditti v. American Druggists Insurance, 108 A.D.2d 852, 485 N.Y.S.2d 972, 1985 N.Y. App. Div. LEXIS 43177 (N.Y. Ct. App. 1985).

108 A.D.2d 852 (Venditti v. American Druggists Insurance) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

§ 3212
New York CVP § 3212