DELCRETE CORP. v. KLING


67 A.D.2d 1099 (1979)

Delcrete Corp., Appellant, v. Jarrett B. Kling, Respondent

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

February 28, 1979


Order unanimously affirmed, without costs.

Memorandum:

Defendant, formerly employed by Delcrete, is alleged to have charged personal items on company credit cards. In an action by the company for reimbursement, he sets forth affirmative defenses that the charges were forgiven by the plaintiff as a gift. Plaintiff's motion to strike the affirmative defenses was granted in an order entered and served by mailing to the defendant's attorney on January 23, 1978...

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