DEVELOP REALTY v. UNITED ENGR. TRS.


31 Misc.2d 849 (1961)

Develop Realty Corp., Plaintiff, v. United Engineering Trustees, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

October 26, 1961


Attorney(s) appearing for the Case

Falussy & Gilbert (Jules E. Gilbert of counsel), for plaintiff. Parker, Duryee, Benjamin, Zunino & Malone and Simon Presant (Vincent J. Malone and Milton R. Friedman of counsel), for United Engineering Trustees, Inc., and others, defendants.


BIRDIE AMSTERDAM, J.

Plaintiff moves, pursuant to rule 109 of the Rules of Civil Practice for an order striking out the affirmative defense and counterclaim for insufficiency. Plaintiff and defendant corporation are respectively the buyer and seller. Plaintiff claims breach of contract in that the defendant failed to have the necessary court order and directors' resolution on the day of closing approving the sale of the premises, as provided in the agreements...

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