Aldine Metal Products Corp. v. Bogert & Carlough Co.

Appellate Division of the Supreme Court of New York

Aldine Metal Products Corp. v. Bogert & Carlough Co.

272 A.D.2d 935

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1947

StatusPublished

This text of 272 A.D.2d 935 (Aldine Metal Products Corp. v. Bogert & Carlough Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aldine Metal Products Corp. v. Bogert & Carlough Co., 272 A.D.2d 935 (N.Y. Ct. App. 1947).

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Opinion

Action to recover damages for breach of contract. Plaintiff moved under rule 103 of the Rules of Civil Practice, to strike out certain paragraphs, and under subdivision 6 of rule 109 of said Rules, to strike out three defenses in the answer. The order grants the motion to the extent of striking out certain of the paragraphs attacked, and of striking out the three defenses. Defendant appeals and urges that the complaint should have been dismissed, as the plaintiff’s motion searched the record under subdivision 6 of rule 109. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ., concur. [See post, p. 976.]

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Action to recover damages for breach of contract. Plaintiff moved under rule 103 of the Rules of Civil Practice, to strike out certain paragraphs, and under subdivision 6 of rule 109 of said Rules, to strike out three defenses in the answer. The order grants the motion to the extent of striking out certain of the paragraphs attacked, and of striking out the three defenses. Defendant appeals and urges that the complaint should have been dismissed, as the plaintiff’s motion searched the record under subdivision 6 of rule 109. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Hagarty, Acting P. J., Carswell, Adel, Nolan and Sneed, JJ., concur. [See post, p. 976.]

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Bluebook (online)

272 A.D.2d 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aldine-metal-products-corp-v-bogert-carlough-co-nyappdiv-1947.