UPRIGHT v. MERCURY BUS. MACHS. CO.


26 Misc.2d 1069 (1960)

Walter Upright, Plaintiff, v. Mercury Business Machines Co., Inc., Defendant.

Supreme Court, Special Term, New York County.

September 15, 1960


Attorney(s) appearing for the Case

David W. Kahn for plaintiff. Taylor, Scoll, Ferencz & Simon (Kenneth Simon of counsel), for defendant.


SAUL S. STREIT, J.

This is a motion to strike out the first defense as insufficient in law. That defense, in an action by the assignee of a trade acceptance, accepted by defendant, alleges that plaintiff's assignor is a corporation organized pursuant to the laws of the government of East Germany, known as the German Democratic Republic, a government not recognized by the United States. It alleges further that plaintiff's assignor is "controlled" by the...

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