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COUNTY REST. & CO. v. SHAW CONTRS.

56 Misc.2d 832 (1968)

County Restaurant and Bar Equipment Co., Inc., Plaintiff, v. Shaw Mechanical Contractors, Inc., Defendant.

District Court of Nassau County, First District.

May 10, 1968

Attorney(s) appearing for the Case

Donald A. Capobianco for defendant. Maccaro, Newmark, Lamb & Dowling for plaintiff.

FRANCIS J. DONOVAN, J.

Defendant moves to dismiss the complaint for failure to state a cause of action. The action is brought by the payee against the maker of a note payable at a bank.

The defendant contends that the failure to allege presentment and dishonor is a fatal defect.

Before discussing that issue there is a threshold question as to which of several complaints is "the complaint." There

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