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AMER. CAPITAL CORP. v. DURALAB CORP.

39 Misc.2d 1057 (1963)

American Capital Corporation, Assignee of Jacob Frummer, Trustee in Bankruptcy of Admiral Office and Industrial Equipment Corp., Plaintiff, v. Duralab Equipment Corp., Defendant.

Civil Court of the City of New York, Kings County.

August 20, 1963

Attorney(s) appearing for the Case

Bernard I. Strauss for plaintiff. Dominic A. Tortorice for defendant.

HARRY GITTLESON, J.

The plaintiff seeks to strike defendant's answer for failure to appear for examination before trial. The defendant by separate motion prays for dismissal of the complaint pursuant to rule 113 of the Rules of Civil Practice. The latter motion will be considered first.

On August 22, 1960, the defendant instituted an action against Admiral Office and Industrial Equipment Corp. (hereinafter...

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