American Radiator & Standard Sanitary Corp. v. Thompson

Order unanimously affirmed, with $20 costs and disbursements to respondent. The defendant in support of the first counterclaim will have to prove her readiness, willingness and ability to pay for the goods concurrent with delivery. On the motion addressed to the pleading we regard the allegations of the counterclaim as a sufficient indication of asserting such readiness and ability. Present — Peck, P. J., Dore, Callahan and Bergan, JJ.