B. R. DeWitt, Inc. v. Nalews, Inc.

Appellate Division of the Supreme Court of New York

B. R. DeWitt, Inc. v. Nalews, Inc.

65 A.D.2d 915, 410 N.Y.S.2d 467, 1978 N.Y. App. Div. LEXIS 13830

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 3, 1978

StatusPublished

This text of 65 A.D.2d 915 (B. R. DeWitt, Inc. v. Nalews, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

B. R. DeWitt, Inc. v. Nalews, Inc., 65 A.D.2d 915, 410 N.Y.S.2d 467, 1978 N.Y. App. Div. LEXIS 13830 (N.Y. Ct. App. 1978).

Pincite

Opinion

Order unanimously modified and, as modified, affirmed, [916]*916without costs, in accordance with the following memorandum: The first affirmative defense of defendant merely states that the complaint fails to state a cause of action. The complaint alleges that plaintiff and defendant agreed for a stated price for the sale and delivery of ready-mix concrete which concrete was delivered and no part of the money due was paid, although demanded by plaintiff. The complaint on its face states a cause of action and defendant’s first affirmative defense is dismissed. (Appeal from order of Genesee Supreme Court—dismiss defenses, etc.) Present—Marsh, P. J., Moule, Simons, Schnepp and Witmer, JJ.

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Order unanimously modified and, as modified, affirmed, [916]*916without costs, in accordance with the following memorandum: The first affirmative defense of defendant merely states that the complaint fails to state a cause of action. The complaint alleges that plaintiff and defendant agreed for a stated price for the sale and delivery of ready-mix concrete which concrete was delivered and no part of the money due was paid, although demanded by plaintiff. The complaint on its face states a cause of action and defendant’s first affirmative defense is dismissed. (Appeal from order of Genesee Supreme Court—dismiss defenses, etc.) Present—Marsh, P. J., Moule, Simons, Schnepp and Witmer, JJ.

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Bluebook (online)

65 A.D.2d 915, 410 N.Y.S.2d 467, 1978 N.Y. App. Div. LEXIS 13830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/b-r-dewitt-inc-v-nalews-inc-nyappdiv-1978.