Seidenberg v. Duboff & Davies, Inc.

This is a motion for summary judgment and to strike out defendant’s answer. Since affidavits are submitted by both sides upon the facts as well as the sufficiency of the defenses, it is to be concluded that the motion is made under both rules 112 *168and 113 of the Rules of Civil Practice. The complaint alleges that plaintiff, as foreman of the upholstering department in defendant’s plant, rendered services at an agreed wage per week for a period stated on account of which there is now due and owing to him the sum of $1,625, for which he demands judgment. The answer, after general denials,…