SUPERIOR TOOL & DIE CO. v. BAILEY


17 Misc.2d 614 (1959)

Superior Tool & Die Company, Plaintiff, v. Robert H. Bailey et al., Defendants and Third-Party Plaintiffs. Mendel Lurie et al., Third-Party Defendants.

Supreme Court, Special Term, New York County.

April 21, 1959.


Attorney(s) appearing for the Case

Mendel Lurie, third-party defendant in person, and for plaintiff.

Saul Friedberg for defendants and third-party plaintiffs.


SAUL S. STREIT, J.

This is a motion for summary judgment and an assessment of damages and to strike out various portions of the answer as sham, insufficient, and frivolous unnecessary and scandalous.

Under the provisions of the contract upon which this action is based, the payment to plaintiff by defendant and others was to be made "against good delivery of * * * 32,097 shares" of Bethlehem Foundry stock...

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