Mount Vernon Amusement Co. v. Georgian Restaurant Corp.

Appeal by defendant (by permission) from so much of an order of the Appellate Term, Second Judicial Department, dated March 31, 1967, as modified an order of the County Court, Westchester County, dated November 2, 1966, by granting plaintiff’s motion insofar as it was to dismiss defendant’s first affirmative defense. Order affirmed insofar as appealed from, with $10 costs and disbursements. On November 17, 1960, defendant entered into a written contract with plaintiff’s assignor, Modern Cigarette Machine Service, Inc., Modern was to “ install, operate and service a vending machine ” for the…