Order and judgment appealed from modified on the law, the facts being considered, to grant partial summary judgment to the plaintiff in the sum of $14,489, the items delivered on memorandum being excluded, and as so modified the judgment is otherwise affirmed, without costs or disbursements to either party.
As to the items delivered by French & Company, Inc. (French) to Frankel, for which Frankel was invoiced, even though he had not paid for such items it is clear...
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