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  5. 51 A.D.2d 993 (1976)
 

GTE SYLVANIA INC. v. JUPITER SUPPLY CO., INC.

51 A.D.2d 993 (1976)

GTE Sylvania Incorporated, Respondent, v. Jupiter Supply Co., Inc., Defendant and Third-Party Plaintiff. Luna Industries, Inc., Third-Party Plaintiff-Appellant; Columbia Lighting, Inc., et al., Third-Party Defendants

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

March 8, 1976

Judgment affirmed, without costs or disbursements.

A motion for summary judgment cannot be defeated by conclusory statements devoid of evidentiary facts showing a bona fide issue requiring a trial. While appellant asserts the existence of a valid affirmative defense, it has not alleged evidentiary facts showing that any of the materials delivered by plaintiff were delivered late or improperly, or that it was overcharged...

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