Illinois Mcgraw Electric Co. - Court of Appeals of New York

Illinois Mcgraw Electric Co.

By Court of Appeals of New York

  • Release Date - Published: 1959-12-31
  • Book Genre: Law
  • Author: Court of Appeals of New York
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Illinois Mcgraw Electric Co. Court of Appeals of New York read online review & book description:

[7 N.Y.2d 874 Page 876] Per Curiam. We agree with the courts below that defendant's claim that plaintiff has assumed and breached general distributorship
obligations to the defendant raises no triable issue, and that that part of the first defense and counterclaim set forth in
defendant's answer was properly struck with leave to defendant to replead claims arising out of alleged "service and repairing"
obligations (Rules Civ. Prac., rule 113, subd. 5). Moreover, the Special Term correctly dismissed the first defense and counterclaim
as being defectively pleaded since no facts are set forth specifying the extent and nature of the alleged "service and repairing"
obligations, and how they were breached.

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