BERG INC. v. ASSOCIATED SPINNERS INC.


201 Misc. 627 (1951)

John Berg Inc., Plaintiff, v. Associated Spinners Inc., Defendant.

City Court of the City of New York, Special Term, New York County.

June 25, 1951.


Attorney(s) appearing for the Case

I. Jonas Speciner and Julius M. Arnstein for defendant.

Samuel Thierman for plaintiff.


SCHIMMEL, J.

This is a motion under subdivision 2 of rule 106 of the Rules of Civil Practice to dismiss a complaint upon the ground that the court has not jurisdiction of the subject of the action.

It is alleged in the complaint that plaintiff and defendant entered into an agreement for the sale of merchandise at a stipulated price; that the merchandise was delivered to the plaintiff; that within a reasonable...

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