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COHEN v. PANNIA

7 A.D.2d 886 (1959)

Harry L. Cohen, Doing Business as Genesee Supply Co., Appellant, v. James L. Pannia et al., Copartners Doing Business as Modern Lanes, Respondents

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

January 14, 1959

Order of Onondaga County Court and order of Syracuse Municipal Court reversed, with $10 costs and disbursements, and motion granted, without costs.

Memorandum:

The affidavits submitted on the motion for summary judgment under rule 113 of the Rules of Civil Practice establish the second cause of action alleged in plaintiff's complaint for an account stated sufficiently to entitle the plaintiff to judgment. (See Rodkinson v. Haecker, 248 N.Y. 480, 485...

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