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DAVE SNYDER LUMBER CO., INC. v. KARLSON ASSOCS., INC.

7 A.D.2d 925 (1959)

Dave Snyder Lumber Co., Inc., Appellant, v. Karlson Associates, Inc., et al., Respondents and Third-Party Plaintiffs. Baywood Manufacturing Company, Third-Party Defendant

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

February 9, 1959

Order reversed, with $10 costs and disbursements, motion for summary judgment striking out the answer granted, with $10 costs, and third-party action severed.

There is no proof of a breach of the agreement between the corporate respondent and the payee before appellant acquired the notes on August 14, 1958. A breach thereafter is not a defense. (Petroleum Acceptance Corp. v. Queen Anne Laundry Service, 265 App. Div. 692.) In any event, it does not appear that...

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