Steko Mercantile, Inc. v. Uniland Construction Corp.

Appellate Division of the Supreme Court of New York

Steko Mercantile, Inc. v. Uniland Construction Corp.

83 A.D.2d 992

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

DecidedSeptember 25, 1981

StatusPublished

This text of 83 A.D.2d 992 (Steko Mercantile, Inc. v. Uniland Construction 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.

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Steko Mercantile, Inc. v. Uniland Construction Corp., 83 A.D.2d 992 (N.Y. Ct. App. 1981).

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Opinion

Order and judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Appellant’s answering affidavits present sufficient facts to warrant [993]*993modifying the order to permit it to replead its affirmative defense of fraud. Defendant’s amended answer is to be served within 10 days from the date of the order entered herein, in which event the motion for summary judgment is denied accordingly. (Appeal from order and judgment of Niagara Supreme Court, Bayger, J. — summary judgment — dismiss affirmative defenses and counterclaim.) Present — Simons, J. P., Hancock, Jr., Callahan, Doerr and Denman, JJ.

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Order and judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Appellant’s answering affidavits present sufficient facts to warrant [993]*993modifying the order to permit it to replead its affirmative defense of fraud. Defendant’s amended answer is to be served within 10 days from the date of the order entered herein, in which event the motion for summary judgment is denied accordingly. (Appeal from order and judgment of Niagara Supreme Court, Bayger, J. — summary judgment — dismiss affirmative defenses and counterclaim.) Present — Simons, J. P., Hancock, Jr., Callahan, Doerr and Denman, JJ.

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Bluebook (online)

83 A.D.2d 992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steko-mercantile-inc-v-uniland-construction-corp-nyappdiv-1981.