Defiance Milk Products Co. v. Du Mond

Appeal from an order of the Supreme Court Special Term, entered in Albany County on July 16, 1953, denying plaintiff’s motion under rule 113 of the Rides of Civil Practice to strike out the answer of the defendant and for summary judgment. The complaint alleges in substance that the plaintiff is engaged in the manufacture, sale and distribution of evaporated skimmed milk in fourteen and one-half ounce containers. Plaintiff’s place of business is in the State of Ohio, and it is alleged that there and in other States plaintiff’s product is sold. Plaintiff was notified that the sale of its…