ROSENGARDT v. MUHLFELDER CO.


12 Misc.2d 142 (1958)

Lester A. Rosengardt, Plaintiff, v. Muhlfelder Company, Inc., Defendant.

Supreme Court, Special Term, Albany County.

July 28, 1958.


Attorney(s) appearing for the Case

Coplin Yaras for plaintiff.

Edgar Blumberg for defendant.


HERBERT D. HAMM, J.

This is a motion for an order to strike from the defendant's answer the first, second and fourth affirmative defenses and for summary judgment.

The first defense is insufficient. The intramural action of the directors did not constitute a contract between the corporation and the plaintiff modifying the agreement of February 10, 1934, between the corporation and the plaintiff.

The second defense is one of waiver and...

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