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ROSENTHAL-PORZELLAN v. STEELMASTERS, INC.

29 Misc.2d 222 (1961)

Rosenthal-Porzellan Aktiengesellschaft, Plaintiff, v. Steelmasters, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

June 15, 1961

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison for J. & I. Block, defendant. Weisman, Celler, Allan, Spett & Sheinberg for Steelmasters, Inc., defendant. Allan D. Emil for Raymond Loewy Associates, defendant. Spiro, Felstiner & Prager for plaintiff.

SAMUEL N. GOLD, J.

This is a motion by defendants for summary judgment dismissing the complaint. The complaint seeks a declaratory judgment that the agreement between the parties dated February 7, 1952 is void for lack of mutuality. There are three kinds of mutuality: Mutuality of assent; mutuality of obligation; and mutuality of remedy. The lack of mutuality claimed by plaintiff is mutuality of obligation...

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