CUKER IND. v. CROW CONSTR. CO


6 A.D.2d 415 (1958)

Cuker Industries, Inc., Respondent, v. William L. Crow Construction Co. et al., Doing Business as Crow-Steers-Shepherd Construction Co., Inc., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

October 21, 1958.


Attorney(s) appearing for the Case

William F. Koegel of counsel (Caesar L. Pitassy with him on the brief; Royall, Koegel, Harris & Caskey, attorneys), for appellants.

Louis Wilk for respondent.

BREITEL, J. P., M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.


Per Curiam.

This consolidated appeal is from the denial of two motions to strike the third cause of action for insufficiency.

The first and second causes of action (combined into a single cause of action by an amended complaint) allege a breach of an agreement involving the sale of machinery and equipment owned by the defendant Shepherd Construction Co., Inc.

The third cause of action, seeking recovery...

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