FROMER v. SEYMOUR


284 A.D. 926 (1954)

Clarence O. Fromer, Doing Business as Fromer Petroleum Company, Respondent, v. Edward Seymour, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 20, 1954.


Plaintiff seeks to recover the sum of $670.70, the alleged balance due for the sale of fuel oil by the plaintiff to defendant. The answer is essentially a denial. Upon this motion plaintiff's affidavit is essentially a bill of particulars setting forth the dates and amounts of alleged deliveries, amounts of payments, and the alleged balance due. It is not supported by any signed delivery receipts or any additional proof or evidence of any nature. Defendant's affidavit categorically...

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