CHOCK FULL OF POWER GASOLINE CORP. v. AM. OIL CO.


40 A.D.2d 842 (1972)

Chock Full of Power Gasoline Corp. et al., Appellants, v. American Oil Company, Respondent

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

November 13, 1972


Order modified by inserting therein, immediately before the sentence denying the motion "in all other respects", the following: "The second affirmative defense is also struck." As so modified, order affirmed insofar as appealed from, without costs.

In our opinion triable issues exist with respect to the execution, meaning and performance of the extension and modification agreement. The second affirmative defense alleges that the action should be dismissed because...

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