S. DAVIS, INC., v. McGUCKIN


51 Misc.2d 1071 (1966)

S. Davis, Inc., Plaintiff, v. George McGuckin, Individually and Doing Business as Ever Seal Window Co., Defendant.

City Court of Albany.

November 4, 1966


Attorney(s) appearing for the Case

Lynn & Proskin (Arnold Proskin of counsel), for plaintiff. Koblintz & Fisher (J. Raymond Fisher of counsel), for defendant.


EVARISTE G. LAVIGNE, J.

This is a motion by plaintiff for summary judgment. The plaintiff sets forth in his complaint that between August, 1961 and September, 1962 it sold certain merchandise to the defendant valued at $857.49, and upon which there is a balance due plaintiff from the defendant of $405. Defendant in opposing said motion does not deny the existence of the account between the parties, but relies solely on the question of proper identification...

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