MIDLAND GLASS CO., INC. v. AM. CAN CO.


38 A.D.2d 820 (1972)

Midland Glass Company, Inc., Respondent, v. American Can Company, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 28, 1972


This is an action for damages arising out of defendant's alleged breach of a written agreement for the purchase of three glass-making facilities of the defendant. Plaintiff claims, upon ascertaining that defendant had dissipated many of the assets in its plants, it commenced this action on May 15, 1970. On July 28, 1970, defendant answered. The following day, July 29, 1970, plaintiff served a notice for the deposition of one of defendant's employees. Following the examination...

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