Legal Opinion

Delcrete Corp. v. Kling

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1979PublishedCited by 15 opinions

1Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Defendant, formerly employed by Delcrete, is alleged to have charged personal items on company credit cards. In an action by the company for reimbursement, he sets forth affirmative defenses that the charges were forgiven by the plaintiff as a gift. Plaintiff’s motion to strike the affirmative defenses was granted in an order entered and served by mailing to the defendant’s attorney on January 23, 1978. No appeal was taken from that order. However, by notice mailed February 27, 1978 defendant moved to reargue. Upon reargument, Special…

2Cases cited4 opinions

  1. In re HuieNew York Court of Appeals · 1967
  2. Liberty National Bank & Trust Co. v. Bero Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1967
  3. Cyens v. Town of RoxburyAppellate Division of the Supreme Court of the State of New York · 1972
  4. People Ex Rel. Smith v. WilkinsNew York Court of Appeals · 1965

3Cited by15 opinions

  1. Rodney v. New York Pyrotechnic Products Co.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Manocherian v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1997
  3. Perez v. Linshar Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Barry v. Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 1982
  5. Ebasco Constructors, Inc. v. A.M.S. Construction Co.Appellate Division of the Supreme Court of the State of New York · 1993

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