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DE ROLL IRON WORKS v. WEBB & KNAPP

36 Misc.2d 216 (1962)

Louis De Roll Iron Works, Ltd., Plaintiff, v. Webb & Knapp, Inc., Defendants.

Supreme Court, Special Term, Bronx County.

August 27, 1962

Attorney(s) appearing for the Case

Howard E. Reinheimer and Robert Markewich for plaintiff. Foley, Walsh & Rowe for Freedomland, Inc., and another, defendants.

ABRAHAM J. GELLINOFF, J.

In its decision on this motion dated August 22, 1962, the court in granting the motion directed that damages be assessed. This was erroneous. The plaintiff is suing for a stated sum, and the defendant has acknowledged that such sum is due, subject to its counterclaim. Since the counterclaim has been dismissed, there is no need for an assessment of damages. Accordingly, the decision...

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