Alver v. Farmer Boy Corn & Equipment Co.

1 A.D.2d 820 Court N.Y. App. Div. Decision date 1956-02-24 English

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p. 820

Harold M. Alver et al., Doing Business under the Name of “ Premier Popcorn Company”, Appellants, v. Farmer Boy Corn & Equipment Co., Inc., Respondent.

Order unanimously affirmed, with $20 costs and disbursements to the respondent. The measure of damages under the complaint or counterclaim is not a question before us on an appeal from an order denying a motion to dismiss the counterclaim and for summary judgment. Concur -—Peck, P. J., Bastow, Rabin, Cox and Frank, JJ.