Ordered that the order is modified, on the law and facts, by deleting the provision thereof denying the defendant Carmel's motion to dismiss plaintiff's complaint as against it, and substituting therefor a provision granting that motion; as so modified, the order is affirmed, with one bill of costs to the defendants.
The plaintiff, a New York corporation, contacted Carmel, a New Jersey corporation, by telephone seeking to purchase a 500-gallon copper kettle. Carmel...
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