ILLINOIS McGRAW ELEC. CO. v. JOHN J. WALTERS, INC.


7 N.Y.2d 874 (1959)

Illinois McGraw Electric Co., Respondent, v. John J. Walters, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 31, 1959.


Attorney(s) appearing for the Case

George J. Malinsky for appellant.

Joseph Miller and Henry Uttal for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.


Per Curiam.

We agree with the courts below that defendant's claim that plaintiff has assumed and breached general distributorship obligations to the defendant raises no triable issue, and that that part of the first defense and counterclaim set forth in defendant's answer was properly struck with leave to defendant to replead claims arising out of alleged "service and repairing" obligations (Rules Civ. Prac., rule 113...

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