Jones & Laughlin Steel Corp. v. Excel Steel & Strip Co.

Appellate Division of the Supreme Court of New York

Jones & Laughlin Steel Corp. v. Excel Steel & Strip Co.

51 A.D.2d 1052, 381 N.Y.S.2d 670, 1976 N.Y. App. Div. LEXIS 11875

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

DecidedMarch 29, 1976

StatusPublished

This text of 51 A.D.2d 1052 (Jones & Laughlin Steel Corp. v. Excel Steel & Strip 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

Jones & Laughlin Steel Corp. v. Excel Steel & Strip Co., 51 A.D.2d 1052, 381 N.Y.S.2d 670, 1976 N.Y. App. Div. LEXIS 11875 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action to recover damages (1) for the balance owing for goods sold and delivered and (2) upon an account stated, plaintiff appeals from an order of the Supreme Court, Queens County, dated [1053]*1053January 2, 1976, which denied its motion for summary judgment. Order modified, on the law, by deleting the word "denied” from the decretal paragraph thereof, and substituting therefor the following: "granted to the extent that plaintiff is awarded summary judgment on its first cause of action as to the issue of liability and the motion is otherwise denied.” As so modified, order affirmed, with one bill of $50 costs and disbursements, and action remanded to the Supreme Court for an immediate trial as to the issue of damages. No fact findings were presented for review. Plaintiff sold defendant a quantity of steel. Much of the steel was returned; the parties negotiated as to the amount due, but no agreement was reached. Defendant’s attorney, however, wrote plaintiff that the proceeds of a third-party action would be set aside to cover the outstanding balance. Defendant’s president admits that money is due. The only question remaining is the actual amount owing (cf. CPLR 3212, subd [c]). Hopkins, Acting P. J., Cohalan, Damiani, Christ and Titone, JJ., concur.

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In an action to recover damages (1) for the balance owing for goods sold and delivered and (2) upon an account stated, plaintiff appeals from an order of the Supreme Court, Queens County, dated [1053]*1053January 2, 1976, which denied its motion for summary judgment. Order modified, on the law, by deleting the word "denied” from the decretal paragraph thereof, and substituting therefor the following: "granted to the extent that plaintiff is awarded summary judgment on its first cause of action as to the issue of liability and the motion is otherwise denied.” As so modified, order affirmed, with one bill of $50 costs and disbursements, and action remanded to the Supreme Court for an immediate trial as to the issue of damages. No fact findings were presented for review. Plaintiff sold defendant a quantity of steel. Much of the steel was returned; the parties negotiated as to the amount due, but no agreement was reached. Defendant’s attorney, however, wrote plaintiff that the proceeds of a third-party action would be set aside to cover the outstanding balance. Defendant’s president admits that money is due. The only question remaining is the actual amount owing (cf. CPLR 3212, subd [c]). Hopkins, Acting P. J., Cohalan, Damiani, Christ and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 1052, 381 N.Y.S.2d 670, 1976 N.Y. App. Div. LEXIS 11875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-laughlin-steel-corp-v-excel-steel-strip-co-nyappdiv-1976.