Semsky v. Jo-Mar Bake Shop Inc.

On the argument (Feb. 18, 1958) of the instant motion (pursuant to notice dated Jan. 22, 1958, and returnable Feb. 11, 1958), defendants’ notice of motion (per Spector, J., dated Feb. 15, 1958, and returnable Feb. 27, 1958) to vacate plaintiffs’ notice, dated October 28, 1957, was withdrawn as an affirmative application, and leave was granted to submit the papers thereon as additional answering affidavits in opposition to the present motion.

By this application, plaintiffs seek to strike the answers of defendants, including the counterclaim of defendant Regan Purchase & Sales Corp., and to…