Corporations
Fortunata Mastrobuono, Respondent, v. Brooklyn Home Heating Corporation and Others, Defendants, and Leo Eisemann and Gerard N. Lemon, Copartners, Doing Business under the Firm Name and Style of Gerard Commercial Company, Appellants
228 A.D. 848·New York Supreme Court, Appellate Division·1930·NY
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Opinion
Fortunata Mastrobuono, Respondent, v. Brooklyn Home Heating Corporation and Others, Defendants, and Leo Eisemann and Gerard N. Lemon, Copartners, Doing Business under the Firm Name and Style of Gerard Commercial Company, Appellants.
[MAJORITY]
Order denying motion to strike out denial in plaintiff’s reply and for judgment on the pleadings affirmed, with ten dollars costs and disbursements. We are of opinion that the issue of prior adjudication should be determined upon facts to be elicited at a trial. Lazansky, P. J., Rich, Kapper, Hagarty and Seudder, JJ., concur.