SIMS v. WESTERN UNION TEL. CO.


37 Misc.2d 943 (1963)

Ernest Sims, Jr., Plaintiff, v. Western Union Telegraph Company, Defendant.

Supreme Court, Erie County.

January 7, 1963


Attorney(s) appearing for the Case

David P. Feldman for plaintiff. Hodgson, Russ, Andrews, Woods & Goodyear (John J. Cooney of counsel), for defendant.


WILLIAM B. LAWLESS, J.

Plaintiff moves for an order striking defendant's affirmative defenses and also for an order dismissing defendant's answer and granting summary judgment.

This is an action brought by the plaintiff for damages allegedly sustained by him due to the failure of the defendant to deliver a telegram directed to the plaintiff by his employer, General Motors Corporation-Chevrolet Division...

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