Illinois McGraw Electric Co. v. John J. Walters, Inc.

We agree with the courts below that defendant’s claim that plaintiff has assumed and breached general distributorship obligations to the defendant raises no triable issue, and that that part of the first defense and counterclaim set forth in defendant’s answer was properly struck with leave to defendant to replead claims arising out of alleged “ service and repairing” obligations (Rules Civ. Prae., rule 113, subd. 5). Moreover, the Special Term correctly dismissed the first defense and counterclaim as being defectively pleaded since no facts are set forth specifying the extent and nature of…