ROSE & CO. v. UNITY STOVE CO.


3 Misc.2d 939 (1955)

J. Rose & Company, Inc., Plaintiff, v. Unity Stove Company, Inc., Defendant.

Supreme Court, Special Term, New York County.

December 23, 1955.


Attorney(s) appearing for the Case

Rosenblum & Hein for plaintiff.

Wolfe R. Charney for defendant.


IRVING H. SAYPOL, J.

The plaintiff moves, pursuant to rule 113 of the Rules of Civil Practice, and section 476 of the Civil Practice Act, to strike out the answer and for judgment, and pursuant to rule 109 to strike out the counterclaim for insufficiency. The action is brought to recover a balance due upon the purchase price of gas ranges sold and delivered to the defendant. The claim is admitted. Although the...

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