Majority
p. 894United States Gypsum Company, Appellant, v. Riley-Stoker Corporation, Respondent.
Order affirmed, with $10 costs and disbursements. All concur; Halpern, J., solely on the ground that the question was decided by this court in Commissioners of State Ins. Fund v. Clark Carting Co. ( 274 App. Div. 559 ). (Appeal from an order of Genesee Special Term granting defendant’s motion to strike out certain portions of the complaint.) Present — MeCum, P. J., Williams, Bastow, Goldman and Halpem, JJ. [ 11 Misc 2d 572 .]
Cases cited
- United States Gypsum Co. v. Biley-Stoker Corp. 11 Misc 2d 572 p. 894