National Cash Register Co. v. Tartaglione

Judgment and order of Erie County Court unanimously modified by reversing that part which dismissed the complaint and granted summary judgment to defendant and otherwise affirmed in accordance with memorandum, without costs of these appeals to either party. Memorandum: Plaintiff brought this action for the purchase price of a cash register which it alleged defendant Tartaglione contracted to buy. Defendant interposed an answer and supplemental complaint which contained a general denial and set forth four separate and affirmative defenses, in the third and fourth of which he alleges not only…