MALMETH v. SCHNEIDER


36 Misc.2d 966 (1962)

Benjamin Malmeth, Plaintiff, v. Cornelius Schneider, Defendant.

Supreme Court, Special Term, Queens County.

September 21, 1962


Attorney(s) appearing for the Case

Abraham Kantor for defendant. George D. Cohen for plaintiff.


HAROLD TESSLER, J.

Motion by defendant for judgment on the pleadings.

This is an action to recover damages for breach of a written partnership agreement dated January 28, 1962.

Defendant denies the crucial allegations of the complaint and sets forth two affirmative defenses: first, that the agreement was terminable at will and was terminated by the parties on or about April 30, 1962; and, second, that on or about that date an accounting...

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