Caroline Realty Investment, Inc. v. Kuniansky

Bell, Chief Judge.

Defendant M. K. Construction Corp. This defendant was made a party on the allegation that it had contracted with the defendant Kuniansky for the construction of the building. In the answer to the complaint, M. K. Construction Corp. pleaded that it was not in existence at the time when the building was constructed in 1965 or 1966 and did not come into being as a legal entity until July 30, 1968, and affidavits and defendant Kuniansky’s deposition factually support this defense. In addition there is in the record a copy of a warranty made at the time of the sale of the…