BUTTERLY & GREEN v. MARSALONA


26 Misc.2d 284 (1960)

Butterly & Green, Inc., Plaintiff, v. Frank Marsalona et al., Defendants.

Supreme Court, Special Term, Queens County.

June 15, 1960


Attorney(s) appearing for the Case

Spero & Charnin (Nathan J. Siegel of counsel), for plaintiff. Pace & Pace (John Pace of counsel), for defendants.


IRWIN SHAPIRO, J.

The plaintiff in an action to recover a balance of $1,668.50 with interest moves for judgment on the pleadings against both defendants upon the ground "that although the plaintiff complied with Section 255-a of the New York Civil Practice Act, the defendants failed to indicate specifically the items disputed in respect of performance and reasonable value or agreed to price".

Since a...

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