G. & D. Poultry Farms, Inc. v. Long Island Butter & Egg Co.

Appellate Division of the Supreme Court of New York

G. & D. Poultry Farms, Inc. v. Long Island Butter & Egg Co.

33 A.D.2d 685, 306 N.Y.S.2d 243, 1969 N.Y. App. Div. LEXIS 2910

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

DecidedNovember 3, 1969

StatusPublished

Cited by7 cases

This text of 33 A.D.2d 685 (G. & D. Poultry Farms, Inc. v. Long Island Butter & Egg Co.) 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

G. & D. Poultry Farms, Inc. v. Long Island Butter & Egg Co., 33 A.D.2d 685, 306 N.Y.S.2d 243, 1969 N.Y. App. Div. LEXIS 2910 (N.Y. Ct. App. 1969).

Pincite

Opinion

In an action to recover a balance owing for goods sold and delivered, plaintiff appeals from an order of the Supreme Court, Nassau County, dated March 14, 1969, which denied its motion for summary judgment. Order reversed, on the law, and plaintiff’s motion for summary judgment in the full amount demanded in the complaint, and dismissing defendant’s counterclaims, granted, with $20 costs and disbursements. In our opinion, defendant waived its right to assert a counterclaim with respect to alleged defects in plaintiff’s merchandise. Not only was the delay in asserting said claim unreasonable as a matter of law but, despite knowledge of alleged defects, defendant continued to order additional goods and pay for same without once indicating to plaintiff that it was dissatisfied with the quality of the merchandise or wished to raise a claim in setoff (Bangor Clothing Co. v. Superior Sportswear Corp., 22 A D 2d 864, affd. 16 N Y 2d 1018; Uniform Commercial Code, § 2-607, subd. [3], par. [a]). There being no bona fide triable issue presented as to the cause of action set forth in the complaint, plaintiff is entitled to summary judgment in full. Christ, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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In an action to recover a balance owing for goods sold and delivered, plaintiff appeals from an order of the Supreme Court, Nassau County, dated March 14, 1969, which denied its motion for summary judgment. Order reversed, on the law, and plaintiff’s motion for summary judgment in the full amount demanded in the complaint, and dismissing defendant’s counterclaims, granted, with $20 costs and disbursements. In our opinion, defendant waived its right to assert a counterclaim with respect to alleged defects in plaintiff’s merchandise. Not only was the delay in asserting said claim unreasonable as a matter of law but, despite knowledge of alleged defects, defendant continued to order additional goods and pay for same without once indicating to plaintiff that it was dissatisfied with the quality of the merchandise or wished to raise a claim in setoff (Bangor Clothing Co. v. Superior Sportswear Corp., 22 A D 2d 864, affd. 16 N Y 2d 1018; Uniform Commercial Code, § 2-607, subd. [3], par. [a]). There being no bona fide triable issue presented as to the cause of action set forth in the complaint, plaintiff is entitled to summary judgment in full. Christ, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

33 A.D.2d 685, 306 N.Y.S.2d 243, 1969 N.Y. App. Div. LEXIS 2910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/g-d-poultry-farms-inc-v-long-island-butter-egg-co-nyappdiv-1969.

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