N. London, Inc. v. Nassau Smelting & Refining Works, Ltd.
N. London, Inc. v. Nassau Smelting & Refining Works, Ltd.
201 A.D. 842
Opinion of the Court
Order reversed, with ten dollars costs and disbursements, and motion to vacate order for examination granted, with ten dollars costs, on the grounds: (1) That the new issues created by defendant’s amended answer after the granting of the motion nullified the issues upon which the order for defendant’s examination was granted; and, (2) that the burden is upon defendant to establish a breach of the warranty and rescission of the contract. Present — Dowling, Laughlin, Page, Merrell and Greenbaum, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.