BRIDGE HARDWARE CO. v. DISOSWAY & FISHER


199 Misc. 259 (1950)

Bridge Hardware Co., Plaintiff, v. Disosway & Fisher, Inc., Defendant.

Supreme Court, Special Term, New York County.

December 28, 1950.


Attorney(s) appearing for the Case

Herbert J. Miller for plaintiff.

Andrew D. Weinberger and Harold Weiss for defendant.


HECHT, J.

Plaintiff moves for partial summary judgment on the second and third causes and for an order striking out the affirmative defenses in the answer. The second and third causes of action are predicated on an account stated. The affidavit submitted by the defendant clearly shows that objection to the basis of the account had been made on several occasions. It was not incumbent on the defendant to continue...

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