NICHIMEN & CO. v. FRAMEN SUP. CO.


44 Misc.2d 260 (1964)

Nichimen & Co., Inc., Plaintiff, v. Framen Steel Supply Company, Inc., Defendant.

Supreme Court, Special Term, New York County.

September 29, 1964


Attorney(s) appearing for the Case

Burlingham Underwood Barron Wright & White (Herbert M. Lord and Philip J. Kaplan of counsel), for plaintiff. Hill, Betts, Yamaoka, Freehill & Longcope (David I. Gilchrist of counsel), for defendant.


JOSEPH BRUST, J.

Motion to dismiss the second and third counterclaims, as time-barred, is granted. These counterclaims are asserted in the amended answer, which was served pursuant to leave granted by this court. No counterclaims were asserted in the original answer. The counterclaims herein attacked are founded on charges of conversion, allegedly occurring in 1961. The claim asserted in the amended complaint...

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