SIMMONS CO. v. WELL DIGGERS


206 Misc. 874 (1954)

John Simmons Co., Inc., Plaintiff, v. Well Diggers, Inc., Defendant.

Supreme Court, Special Term, New York County.

November 4, 1954.


Attorney(s) appearing for the Case

Julius Wolfson for plaintiff.

Louis Friedmann for defendant.


EDER, J.

Upon the foregoing papers this motion for judgment on the pleadings in favor of plaintiff is granted. Defendant's argument that plaintiff's failure to include in the schedule annexed to the complaint the invoice dates of each of the items, excused defendant from compliance with the requirement of section 255-a of the Civil Practice Act as to specific denials with respect to delivery, performance, reasonable...

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