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INTERMAN IND. v. R. S. M. ELECTRON

45 A.D.2d 34 (1974)

Interman Industrial Products, Ltd., Appellant, v. R. S. M. Electron Power, Inc., Respondent

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

June 3, 1974.

Attorney(s) appearing for the Case

Jessel Rothman for appellant.

Littman & Citrynell (Irwin Littman of counsel), for respondent.

GULOTTA, P. J., and COHALAN, J., concur with HOPKINS, J.; SHAPIRO, J., concurs, with a separate opinion; LATHAM, J., dissents and votes to reverse and grant the motion, with an opinion.

HOPKINS, J.

The defendant, a manufacturer of transistors for electronic equipment, purchased silicon material from the plaintiff. Claiming that the sum of $40,839.94 was due to it upon an account stated for merchandise delivered to the defendant under the latter's purchase orders, the plaintiff served a summons and a motion for summary judgment on the defendant pursuant to CPLR 3213, on the theory that the action was based on instruments for the payment...

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