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J & K PLUMBING & HEATING CO., INC. v. INT'L TEL. & TEL. CORP.

51 A.D.2d 638 (1976)

J & K Plumbing & Heating Co., Inc., Appellant-Respondent, v. International Telephone and Telegraph Corporation Respondent-Appellant, and First-City National Bank of Binghamton, Respondent

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

January 29, 1976

At various times since 1972 plaintiff has purchased materials from ITT for use on projects on which it was employed, and on January 29, 1974, in relation to what was known as the Ithaca Mall Project, it placed with ITT a purchase Order No. 10641 worth approximately $69,000. After various communications between the parties, it subsequently developed that, because of an alleged unpaid balance of $41,290.63 owing to ITT by plaintiff on past purchases, $21,000 of which was uncontested...

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