JARRETT v. MELODY STATIONERY


53 A.D.2d 146 (1976)

Cooper Jarrett, Inc., Appellant, v. Melody Stationery, Inc., Respondent

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

July 8, 1976


Attorney(s) appearing for the Case

George A. Roland for appellant.

Rosenblum & Leventhal (Sanford Rosenblum of counsel), for respondent.

KOREMAN, P. J., SWEENEY, KANE and MAHONEY, JJ., concur.


HERLIHY, J.

The action herein was commenced by the plaintiff on or about October 4, 1974 by a complaint which alleged "[t]hat the defendant owes plaintiff the sum of * * * ($189.99) * * * for goods sold to and accepted by defendant". The defendant's amended answer specifically denied the above-quoted allegation and asserted two counterclaims and/or affirmative defenses: (1) that on July 5, 1973 the plaintiff...

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