BLACK & YATES v. A. R. FUELS


26 Misc.2d 627 (1960)

Black & Yates, Inc., Plaintiff, v. A. R. Fuels, Inc., et al., Defendants.

Supreme Court, Special Term, Kings County.

December 5, 1960


Attorney(s) appearing for the Case

Ferguson, Idler & Hayes for plaintiff. Sassower & Sassower for defendants.


BENJAMIN BRENNER, J.

Plaintiff pleads two causes, the first for willful destruction of realty and the second for breach of lease. He moves for summary judgment in the latter cause and defendants cross-move to amend their answer.

The cross motion is granted as it is based on an inadvertent failure to deny certain paragraphs of the complaint relative to the second cause which allege its essential basis, namely, the

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