REGAN PURCHASE & SALES v. PRIMAVERA


68 Misc.2d 858 (1972)

Regan Purchase & Sales Corp., Plaintiff, v. Alex R. Primavera, Defendant.

Civil Court of the City of New York, Trial Term, New York County.

January 27, 1972


Attorney(s) appearing for the Case

Abraham I. Kirschenbaum for plaintiff. Matthew Dollinger for defendant.


LEONARD H. SANDLER, J.

Plaintiff, a corporate auction house, sues the defendant to recover the price of an ice-maker, a dish-washer, and a variety of smaller items purchased by the defendant, a restaurateur, at an auction of restaurant equipment. In his counterclaim, the defendant seeks to establish a setoff to the action based on two quite separate grounds.

First, the defendant claims — and the...

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