Nick's Produce, Inc. v. 329 Sunrise Corp.

Appellate Division of the Supreme Court of New York

Nick's Produce, Inc. v. 329 Sunrise Corp.

173 A.D.2d 801

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

DecidedMay 31, 1991

StatusPublished

This text of 173 A.D.2d 801 (Nick's Produce, Inc. v. 329 Sunrise Corp.) 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

Nick's Produce, Inc. v. 329 Sunrise Corp., 173 A.D.2d 801 (N.Y. Ct. App. 1991).

Pincite

Opinion

In an action to recover damages for goods sold and delivered, the defendant appeals from so much of an order and judgment of the Supreme Court, Nassau County (Morrison, J.), entered January 9, 1990, as granted the plaintiff partial summary judgment in the principal sum of $31,376.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the conclusory allegations by the president of the defendant corporation to the effect that some of the invoices submitted by the plaintiff were "undoubtedly fraudulent”, and other similar assertions, were insufficient to defeat the plaintiff’s motion for partial summary judgment. Brown, J. P., Sullivan, Lawrence and Ritter, JJ., concur.

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In an action to recover damages for goods sold and delivered, the defendant appeals from so much of an order and judgment of the Supreme Court, Nassau County (Morrison, J.), entered January 9, 1990, as granted the plaintiff partial summary judgment in the principal sum of $31,376.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the conclusory allegations by the president of the defendant corporation to the effect that some of the invoices submitted by the plaintiff were "undoubtedly fraudulent”, and other similar assertions, were insufficient to defeat the plaintiff’s motion for partial summary judgment. Brown, J. P., Sullivan, Lawrence and Ritter, JJ., concur.

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Bluebook (online)

173 A.D.2d 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicks-produce-inc-v-329-sunrise-corp-nyappdiv-1991.