BLUMENTHAL & CO. v. HILLMAN


21 Misc.2d 966 (1960)

Sidney Blumenthal & Co., Inc., Plaintiff, v. Harry Hillman, Defendant.

Supreme Court, Special Term, New York County.

January 20, 1960.


Attorney(s) appearing for the Case

Ottenberg, Rudy & Levy for defendant.

Hahn, Hessen, Margolis & Ryan (Lawrence G. Novick of counsel), for plaintiff.


ARON STEUER, J.

Defendant moves to dismiss the complaint as failing to state a cause of action. The complaint on its face is valid. The difficulty arises when the allegations are limited by the bill of particulars. As both parties have addressed themselves to the allegations of the complaint as so limited, the motion will be considered as one for judgment on the pleadings.

The complaint is on a contract...

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