Apache-Beals Corp. v. International Adjusters, Ltd.

New York Court of Appeals

Apache-Beals Corp. v. International Adjusters, Ltd.

387 N.E.2d 617, 46 N.Y.2d 888, 414 N.Y.S.2d 685, 1979 N.Y. LEXIS 1837

New York Court of Appeals·Decided February 13, 1979·Published·Cited by 3 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*890 Although appellant, contrary to the conclusion reached by the Appellate Division, has not conceded the existence of a shortage in the amount of steel sold to respondent Canadian, it has nevertheless failed to set forth any evidentiary facts sufficient to defeat respondent’s motion for summary judgment. (See Rotuba Extruders v Ceppos, 46 NY2d 223.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

*890 Although appellant, contrary to the conclusion reached by the Appellate Division, has not conceded the existence of a shortage in the amount of steel sold to respondent Canadian, it has nevertheless failed to set forth any evidentiary facts sufficient to defeat respondent’s motion for summary judgment. (See Rotuba Extruders v Ceppos, 46 NY2d 223.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Order affirmed.

Apache-Beals Corp. v. International Adjusters, Ltd., 387 N.E.2d 617, 46 N.Y.2d 888, 414 N.Y.S.2d 685, 1979 N.Y. LEXIS 1837 (N.Y. 1979).

Pincite

387 N.E.2d 617 (Apache-Beals Corp. v. International Adjusters, Ltd.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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