GEN. BLDG. SUPPLY CORP. v. SHAPN, INC.


35 A.D.2d 550 (1970)

General Building Supply Corporation, Appellant, v. Shapn, Inc., Respondent

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

July 13, 1970


Order reversed, with $10 costs and disbursements; plaintiff's motion for partial summary judgment on its first cause of action granted in the sum of $4,019.87, with interest; plaintiff's second cause of action dismissed, with prejudice, on plaintiff's consent; and defendant's answer dismissed.

In our opinion, defendant's failure to deny specifically items in the schedule annexed to plaintiff's complaint (CPLR 3016, subd. [f]) does not bar the denial of plaintiff's...

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