PEIKIN FIFTH AVE. v. CUMMING


13 Misc.2d 906 (1958)

Peikin Fifth Ave., Inc., Plaintiff, v. Eva Cumming et al., Defendants.

Supreme Court, Special Term, New York County.

September 17, 1958.


Attorney(s) appearing for the Case

Nathan J. Stein for Ulmont O. Cumming, defendant.

Robert Hoffman and Samuel S. Kolman for plaintiff.


HENRY EPSTEIN, J.

Defendant, Ulmont O. Cumming, moves for dismissal for insufficiency of the "Second", "Fourth" and "Sixth" causes of action which seek to recover the balance remaining due upon checks. The remaining causes are asserted against the codefendant, his wife. The checks were given to the plaintiff by the wife in payment of the purchase price of merchandise sold by the plaintiff to her. Defendant urges the causes are insufficient because no...

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