SIRLIN PLUMBING CO. v. MAPLE HILL HOMES, INC.


21 N.Y.2d 831 (1968)

Sirlin Plumbing Co., Respondent, v. Maple Hill Homes, Inc., Appellant.

Court of Appeals of the State of New York.

Decided February 21, 1968.


Attorney(s) appearing for the Case

Stephen J. Masse for appellant.

Eli N. Horin for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.


MEMORANDUM.

The order appealed from should be reversed. Defendant's affidavit, submitted in opposition to the motion to dismiss, raises questions of fact sufficient to require a reversal of the order — thereby reinstating the defense and counterclaim. While plaintiff asserts that its complaint does not bring up for review all the transactions between these two parties over a nine-year period, but pertains solely to...

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