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CROWELL CORP. v. MERRIE PAPER CO., INC.

35 A.D.2d 803 (1970)

Crowell Corp., Appellant, v. Merrie Paper Co., Inc., Respondent

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

November 19, 1970

Appellant shall recover of respondent $50 costs and disbursements of this appeal.

The trial of the remaining issues may proceed. In our view the issues in the complaint for goods sold and delivered are separable from the issues presented on the counterclaims. Moreover, the opposing affidavit, which we find wholly deficient in form and substance, and inadequate to defeat the requested relief, admits there is owing for the merchandise a balance in

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