Order modified by striking items 1 and 2 from the ordering paragraph and, as so modified, affirmed, without costs.
The allegations that plaintiff prepared and delivered samples and that defendant cancelled the order, contained in the complaint, have been admitted in the answer. Accordingly, examination as to those matters may not be said to be material and necessary in the prosecution of the action by plaintiff. However, tender of performance by plaintiff has been...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.