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Reichhold Chemicals, Inc. v. Carlisle Chemical Mfg. Co.

285 A.D. 901 Court N.Y. App. Div. Decision date 1955-02-21 English

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p. 901
Reichhold Chemicals, Inc., Appellant, v. Carlisle Chemical Mfg. Co., Inc., Respondent.

In an action to recover a balance alleged to be due for goods sold and delivered, defendant interposed a counterclaim for breach of warranty. Order denying plaintiff’s motion for summary judgment, pursuant to rule 113 of the Rules of Civil Practice, striking out defendant’s answer and counterclaim, affirmed, with $10 costs and disbursements. No opinion. Wenzel, Acting P. J., MacCrate, Beldock, Murphy and Ughetta, JJ., concur.