MALCOLM v. HARMON INDUS.


31 Misc.2d 341 (1961)

Russell Malcolm, Plaintiff, v. Harmon Industries, Inc., Defendant.

Supreme Court, Special Motion Term, Onondaga County.

June 30, 1961


Attorney(s) appearing for the Case

McElroy, Young, Martin & Dunn for defendant. Hyman Pearlman for plaintiff.


HENRY A. HUDSON, J.

The defendant has moved pursuant to rule 106 of the Rules of Civil Practice to dismiss the plaintiff's complaint upon the ground that the same does not state facts sufficient to constitute a cause of action.

The first cause of action set forth in the complaint, after first alleging that an agreement had been entered into between the parties June 1, 1957 under which the defendant was to charge 10% interest for moneys to be advanced...

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