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OTIS ELEV. v. REYNOLDS, INC.

81 Misc.2d 314 (1975)

Otis Elevator Company, Plaintiff, v. John J. Reynolds, Inc., Defendant.

Supreme Court, Special Term, New York County.

January 15, 1975

Attorney(s) appearing for the Case

Hughes, Hubbard & Reed (John A. Donovan of counsel), for plaintiff. Shea, Gould, Climenko & Kramer (Joseph Ferraro of counsel), for defendant.

ABRAHAM J. GELLINOFF, J.

Plaintiff moves to dismiss defendant's affirmative defenses and counterclaim on the ground that they fail to sufficiently state defenses or a claim for relief.

Plaintiff, a manufacturer and supplier of elevators, brings this action against defendant, alleging defendant's failure to pay sums due on a service contract. For its first affirmative defense and counterclaim, defendant alleges that during negotiations

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