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BRIGNOLE v. MARUCCIA

17 Misc.2d 876 (1959)

Michael Brignole, Doing Business as John Brignole, Grocery, Appellant, v. Laura Maruccia, Defendant, and Alfred J. Maruccia, Respondent.

Supreme Court, Appellate Term, First Department.

April 16, 1959.

Attorney(s) appearing for the Case

David Friedman for appellant.

Sidney Kraft for respondent.

Concur — STEUER, J. P., HOFSTADTER and HECHT, JJ.

Per Curiam.

Defendant Laura Maruccia did not deny the receipt of the foodstuffs sold to her on credit. Nor did she deny payment to her by her husband of $75 per week and other substantial amounts for rent and incidental living expenses during the entire period when plaintiff extended credit. Consequently she has no defense to plaintiff's claim and the motion for summary judgment as against her should have been granted.

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