HOROWITZ v. ALLEY POND APARTMENTS # 1, INC.


280 A.D. 866 (1952)

Samuel Horowitz et al., Copartners Doing Business as Horowitz & Rubin, Respondents, v. Alley Pond Apartments # 1, Inc., et al., Appellants, et al., Defendants. (Consolidated Appeals.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 7, 1952.


Order holding in abeyance the motion for a stay and order striking out defenses, affirmed, without costs. No opinion. Order granting examination before trial modified on the law by striking out the items in the third ordering paragraph and by substituting therefor: "1. All the competent facts and circumstances to prove: (a) That prior to and at the time of the execution of the contracts between plaintiffs and Big W Construction Corp., the other defendants were its agents...

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