BATEMAN FUEL OIL SERV., INC. v. SKLAVER


6 A.D.2d 868 (1958)

Bateman Fuel Oil Service, Inc., Respondent, v. Israel Sklaver, Appellant

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

July 8, 1958


Order affirmed, with $10 costs and disbursements. Appeal from judgment dismissed, without costs.

In opposition to the motion for summary judgment, appellant submitted his wife's affidavit in which she stated that, on or about September 16, 1957, respondent's president telephoned her and requested that the balance owing be paid. She told him that she did not have the sum of money due ($182.05) at that time and was unable to pay the same but would send two postdated...

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