HERBERT, JR., INC. v. M & P CORP.


39 Misc.2d 180 (1963)

Frank M. Herbert, Jr., Inc., Plaintiff, v. M & P Scrap Iron & Metal Corporation, Defendant.

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

May 17, 1963


Attorney(s) appearing for the Case

George I. Janow for plaintiff. Cooper, Abrams & Herman (Gerald F. Hoffer of counsel), for defendant.


THOMAS J. MIRABILE, J.

The above action came on for trial before me with a jury at which time by consent of both parties a mistrial was declared. It was also agreed by counsel for both parties that the matter remain with me as a motion on behalf of plaintiff for summary judgment pursuant to rule 113 of the Rules of Civil Practice and a cross motion on behalf of the defendant for an order pursuant to rules 107, 112 and 113 of the Rules of Civil Practice...

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