SCHLANGER & SONS v. BEAUMONT FACTORS


205 Misc. 943 (1954)

Arthur Schlanger & Sons, Plaintiff, v. Beaumont Factors, Defendant.

Supreme Court, Special Term, New York County.

April 20, 1954.


Attorney(s) appearing for the Case

Nemser & Wasserman for defendant.

Sol S. Ostertag for plaintiff.


April 20, 1954, after reargument.

MATTHEW M. LEVY, J.

The defendant moves to dismiss the complaint for insufficiency on its face (Rules Civ. Prac, rule 106). The plaintiff alleges that in May, 1953, it had sold certain merchandise to a third party, that the agreed sum was not paid, that suit was instituted, that judgment was obtained on September 4, 1953, and that such judgment remains wholly unpaid after...

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