Weinstein v. Ken-Wel Sporting Goods Co.

The plaintiff moved for judgment on the pleadings or, in the alternative, to strike out certain portions of the defense and two counterclaims. The learned court at Special Term granted the motion in so far as to strike out certain allegations from the defense and first counterclaim and the entire second counterclaim, with leave to defendant to serve an amended answer. Plaintiff appeals from the order in so far as it denied the complete relief which she asked for. Defendant does not appeal.

The complaint is based upon the sale and delivery by the plaintiff’s assignor of merchandise for an…