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AXINN LBR. CO. v. MEADOW BROOK BANK

19 Misc.2d 570 (1959)

Axinn & Sons Lumber Company, Inc., Plaintiff, v. Meadow Brook National Bank, Defendant.

Supreme Court, Special Term, Nassau County.

May 6, 1959.

Attorney(s) appearing for the Case

Cole, Grimes, Friedman & Dietz (Lee Franklin of counsel), for defendant.

Schechter & Schechter for plaintiff.

MARIO PITTONI, J.

Motion by the defendant for an order pursuant to rule 112 of the Rules of Civil Practice for judgment on the pleadings and dismissing the complaint on the ground that it fails to state facts sufficient to constitute a cause of action is granted.

Since the answer puts in issue (1) the allegation of paragraph "SEVENTH" of the complaint, i.e., that the plaintiff delivered notes to the defendant, (2) the allegation of paragraph...

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