STERLING SHOE CORP. v. WEISS & KLAU CO.


206 Misc. 763 (1954)

Sterling Shoe Corporation, Plaintiff, v. Weiss & Klau Co., Defendant.

Supreme Court, Special Term, New York County.

November 4, 1954.


Attorney(s) appearing for the Case

Alexander Henkin for plaintiff.

Harry Malter for defendant.


MATTHEW M. LEVY, J.

This is a motion by plaintiff, pursuant to rules 103 and 109 of the Rules of Civil Practice to strike the fourth defense from the answer. According to the complaint, plaintiff is a manufacturer of shoes; defendant sells plastic-coated materials to shoe manufacturers; plaintiff purchased from defendant a number of yards of material consisting of vinyl laminated to paper, which defendant warranted...

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