Citation Numbers: 285 A.D. 901, 139 N.Y.S.2d 254, 1955 N.Y. App. Div. LEXIS 6056
Filed Date: 2/21/1955
Status: Precedential
Modified Date: 10/28/2024
In an action to recover a balance alleged to be due for goods sold and delivered, defendant interposed a counterclaim for breach of warranty. Order denying plaintiff’s motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, striking out defendant’s answer and counterclaim, affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., MacCrate, Beldock, Murphy and Ughetta, JJ., concur.