ALLEN IND. v. EXQUISITE FORM BRASSIERE


31 Misc.2d 673 (1961)

Allen Industries, Inc., Plaintiff, v. Exquisite Form Brassiere, Inc., Defendant.

Supreme Court, Special Term, New York County.

October 17, 1961


Attorney(s) appearing for the Case

Rosenman Colin Kaye Petschek & Freund (Andrew J. Schoen and Donald I. Laventhall of counsel), for plaintiff. Benjamin H. Oremland and Robert I. Mandel for defendant.


CHARLES A. LORETO, J.

Plaintiff moves pursuant to rule 112 for judgment on the pleadings. The action is against a guarantor. In its answer, the defendant has in effect admitted the indebtedness of its principal to the plaintiff, but asserts that the plaintiff is indebted to the principal. The first and second separate defenses are based on section 218 of the General Corporation Law. In the third defense and...

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