ALUMINUM BLDG. PRODS. CORP. v. MARTIN KATZ CORP.


30 A.D.2d 571 (1968)

Aluminum Building Products Corp., Appellant, v. Martin Katz Corporation, Respondent

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

May 27, 1968


Judgment reversed, on the law, with $20 costs and disbursements, and motion denied.

In our opinion, questions of fact are presented by the motion papers; and under such circumstances summary judgment may not be granted defendant even though plaintiff's reply does not make the specific denials to defendant's first counterclaim, allegedly pleaded pursuant to CPLR 3016 (subd. [f]) which are required by that rule to raise issues of fact as to delivery, performance, reasonable...

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