BRICKMAN v. NIAGARA FRUIT CO.


65 Misc.2d 483 (1971)

Norman Brickman, Doing Business as D. Brickman Menands Market, Plaintiff, v. Niagara Fruit Co., Inc., Defendant.

Supreme Court, Special Term, Albany County.

January 15, 1971


Attorney(s) appearing for the Case

Cogan, Brickman & Goodwin (Martin Brickman of counsel), for plaintiff. Olson, Sanford, Hatt & Forner (Donald G. Hatt of counsel), for defendant.


EDWARD S. CONWAY, J.

The plaintiff moves for summary judgment pursuant to CPLR 3213 on the ground that there is no defense to the cause of action alleged in the moving papers.

The summons was accompanied by a notice of motion, supported by an affidavit of the plaintiff, stating that suit was brought to recover a debt in the amount of $7,944 on an account stated between plaintiff and defendant for goods sold defendant by the plaintiff between April...

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