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GOSHEN LITHO, INC. v. INTERSTATE MAGAZINE DISTRIBS., INC.

43 A.D.2d 524 (1973)

Goshen Litho, Inc., Appellant, v. Interstate Magazine Distributors, Inc., et al., Respondents

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

November 8, 1973

Defendants' counterclaim is severed. Appellant shall recover of respondents $60 costs and disbursements of this appeal. Plaintiff sues on seven trade acceptances. The acceptances were given for merchandise (textbooks) delivered. Execution of the acceptances and receipt of the goods is admitted. It is claimed that deliveries were late, but it is admitted that the acceptances were executed following each delivery. This is sought to be explained by alleging that execution was...

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