Air Conditioning Training Corp. v. Toth

The plaintiff moves for an examination of the defendant before trial and the defendant, by a cross-motion, seeks a dismissal of the complaint upon the ground that it does not set forth a cause of action in that it fails to comply with paragraph (b) of section 80-a of the Education Law.

The complaint discloses that the plaintiff, an Ohio corporation, on August 24, 1939, contracted to furnish a correspondence course in refrigeration and air conditioning to the defendant, who concededly is a resident of New York, and the defendant agreed to pay, as tuition therefor, the sum of $224.50, payable…